Burns

This action was commenced by appellees to recover damages from appellants, for the destruction by fire of a quartz mill, mill building, and other contents, alleged to have been caused by the negligence of appellants in starting the fire and in failing to control it. Said building and contents claimed by appellees were situated on a certain mining claim belonging to appellants.

A trial was had before the court without a jury which resulted in a judgment against appellants from which appeal is brought to this court.

Appellants purchased this claim on July 13, 1931, and were the owners thereof on May. 22, 1933, the date of the *840 fire. Appellees contend that, at that time and ever since the year 1914, they and their predecessors in interest had been in the quiet and peaceful possession of that portion of the claim upon which the mill building and its contents were located, as lessees and tenants thereof, and were the joint owners of said mill building and its contents and in the peaceful possession thereof.

In their answer appellants denied that appellees were lessees or tenants of a portion of the mining claim or owners of the mill building and its contents. They also alleged…