Wiltsee v. Utley

Appellants, defendants in the court below, have appealed from a judgment for plaintiff which adjudged that, subject to the paramount title of the United States of America, plaintiff is the owner and entitled to possession of a mining claim known as the Junction Bar Placer Claim, and that the defendants have no right, title or interest in said property.

Plaintiff’s complaint alleged (par. II) that plaintiff was the owner and entitled to the possession of said property (describing it); that (par. Ill) theretofore while plaintiff was in lawful possession of said claim, and during the absence of…