O'Connor

This is an appeal from a judgment in a condemnation proceeding (a) awarding appellants $1,745.00 and certain interest for 22 months’ use and occupancy of a certain tract of land in California and (b) denying an award for a claimed taking of title to the right to remove certain gold bearing gravel on the land. The gravel was to be used in the construction on other land of a debris dam in the middle fork of the American River in California. None of the gravel was removed from its bed when possession of the land was restored to the appellants.

Appellants are owners of the land. Two of them acquired from the others the right to work the gravel for its gold content. No question is raised as to the amount awarded for the possession of the land, the sole errors assigned concerning the alleged complete taking of the profit a prendre in the gravel and the damages shown for its alleged taking. Since we hold that the profit a prendre was not taken the remaining assignments concerning damages are not considered.

The condemnation of each (a) the possession of the land and (b) the title to the profit a prendre was sought under the provisions of an Act of Congress approved April *426 24, 1888,…