Kelly v. Taylor
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. Plaintiffs and defendants owned mining claims adjoining each other upon which they had been at work for several years. A dispute arose as to the precise location of the boundary line between them.
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. Plaintiffs and defendants owned mining claims adjoining each other upon which they had been at work for several years. A dispute arose as to the precise location of the boundary line between them. On the trial it appeared from the evidence that plaintiffs had at various times performed labor on the disputed ground by running drifts into it and performing other work upon it, and that the fact that plaintiffs were performing such labor was probably known to defendants, and that defendants had not notified…
1Opinion of the CourtCrocker, J.
delivered -the opinion of the Court-Cope, C. J. concurring.
This is an action to recover possession of certain mining ground, and damages for injuries thereto. The plaintiffs and defendants were each the owners of adjoining claims, and there was a dispute between them respecting the location of the division line, by which a portion of the mining ground was claimed by both parties. The plaintiffs had previously run them tunnel into and mined out a portion of the disputed ground, which was known to the defendants.
On the trial one Clark testified, as a witness for the plaintiffs, as to the acts…
2Cases cited1 opinion
- Boggs v. Merced Mining Co.California Supreme Court · 1859
3Cited by8 opinions
- Verdugo Ca&209on Water Co. v. VerdugoCalifornia Supreme Court · 1908
- Yunker v. NicholsSupreme Court of Colorado · 1872
- Raynor v. DrewCalifornia Supreme Court · 1887
- Shreve v. Copper Bell Mining Co.Montana Supreme Court · 1891
- Murphy v. City of AlbinaOregon Supreme Court · 1892
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