Pralus v. Jefferson Gold & Silver Mining Co.

By the Court, Crockett, J.:

This is an action founded on section two hundred and fifty-four of the Practice Act, to quiet the plaintiffs’ title to a piece of mining ground in Yuba County. The complaint avers, among other things, that at the commencement of the action the plaintiffs were in the possession of the mining ground in contest. This was a material and traversable allegation, which it was incumbent on' the plaintiffs to prove, if denied. Without that averment the complaint would have been demurrable. (Ritchie v. Dorland, 6 Cal. 33; Curtis v. Sutter, 15 Cal. 259; San Francisco v.…