Root v. Conlin

This is an action to quiet title to a group of mining claims and to enjoin defendants from removing certain improvements, fixtures, and machinery therefrom. Decree went for plaintiffs and two of the defendants appeal.

The first point made by appellants is that the complaint is insufficient in that it contains no allegation that respondents were entitled to the possession of the claims at the time of the commencement of the action. There is an averment in the pleading, “That the plaintiffs are now the owners of, and for a long time prior to the commencement of this action have been owners of…