Allen v. Pedro

COOPER, C.

The defendants’ demurrer to the complaint was sustained, plaintiff declined to amend, and judgment was entered for defendants.

This appeal is from the judgment, and presents the sole question as to the ruling on the demurrer. The action was brought to enjoin defendants from mining upon certain lands claimed by plaintiff pending proceedings instituted in the United States land office for the purpose of having it there determined whether the land is agricultural or mineral in character. A temporary injunction was granted, which was afterwards dissolved on motion of defendants. A…