Weese v. Barker

Beck, ,0- J.

The principal errors assigned are that the district court erred in allowing the amended complaint *179to be filed, and in making Benbow and Hussey parties to the action.

The action was originally instituted by Barker and Wade as plaintiffs, alleging that they were entitled to one undivided one-half, or each to one undivided one-fourth, of the Tanner Boy lode, and that the defendants had wrongfully entered upon said claim and taken possession thereof, to the exclusion of the plaintiffs and their grantors, etc.

Afterwards leave was granted the plaintiffs, after service of notice upon…