Moodey

This is an appeal from a decree rendered in favor of the defendant in a suit to quiet title to certain mining claims in San Bernardino county, Cal. Plaintiff commenced his suit in the superior court of the said county, and it was removed to the United States District Court because of a diversity of citizenship.

Appellant claims to be the owner of a certain group of mining claims known as the “Virginia Dale Group,” comprising the mining claims and mill site known, described, and recorded as “Virginia Dale,” “Rattler,” “Rattler No. 1,” “M. P. Long,” “Good Hope,” “Wheeling,” and “Independent Claim.” It was stipulated by the parties that the property comprising the claims involved is unpatented government land. .

Appellant testified that in the fall of 1930 he entered upon the mining claims in question and removed samples of ore from each of them, which he found to contain gold. At that time there were a few old buildings, a mine shaft, some monuments, and some rusted cyanide tanks upon the premises, but appellant testified that there was no one on the premises. In the spring of 1931 he returned to the premises, removed additional samples, which were also found to contain gold, and…