v0864-183

No. 2387

IN THE

United States Circuit Court of Appeals

For the Ninth Circuit

CACHE CREEK MINING COMPANY

(a corporation),

Plaintiff in Error ^

vs.

HENRY BRAHENBERG, -

Defendant in Error,

BRIEF FOR DEFENDANT IN ERROR.

Statement of the Case.

In the trial court plaintiff in error was plaintiff

and defendant in error was defendant. For con-

venience they will be referred to in this brief as

plaintiff and defendant respectively.

This action seeks to determine the possessory

title to a placer mining claim known as Number

One Above Discovery, on Dollar creek, Yentna min-

ing district, Alaska, and is in reality an action of

ejectment, although plaintiff asked equitable relief

by way of injunction, and defendant prayed that

he be decreed to be owner of the claim, subject

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