Russell v. Brosseau

In the opening brief of appellants may be found the following correct statement of the case we ar.e considering:—

“This action was brought under section 738 of the Code of Civil Procedure to determine the adverse claim of appellants to one undivided half of a mining claim called the ' Gray Eagle Claim/ and five eighths (§) of another claim called the 'Paris Mountain Claim, adjoining the Gray Eagle Claim.’

“In his complaint the respondent (plaintiff in the court below) alleged that he was the owner of and in possession of said undivided parts of said mining claims, and 'that the *606defendants and…