Wolverton v. Nichols

Actions under the two thousand" three hundred and twenty-sixth section of the Revised Statutes of the United States, to have determined the right to the possession of mining claims, must be instituted according to the forms and practice within the jurisdiction where the suit is commenced.

In this territory, in such cases, if the plaintiff is in possession, he brings his action to quiet title; if he is not in possession, his action is in the nature of ejectment.' In the former case the plaintiff must allege and prove possession; in the latter, he maintains his action if he establishes his right.