Legal Opinion

Musser v. Fitting

California Court of Appeal

Decided March 13, 1915No. Civ. No. 1529PublishedCited by 11 opinions

APPEAL from a judgment of the Superior Court of Inyo County and from an order denying a new trial. William D. Dehy, Judge. The facts are stated in the opinion of the court. P. W. Forbes, and Boyd & Salisbury, for Appellants.

1Opinion of the CourtShaw, J.

Action to quiet title to a mining claim of which plalritlfP claimed ownership and right to possession.

Judgment went for plaintiff, from which, and an order denying his motion for a new trial, defendant Salisbury appeals.

In January, 1910, plaintiff duly located a lode mining claim which he designated as the Lead Hill Lode Mining Claim, the exterior boundary lines of which conflicted with and overlapped certain claims known as the Monster No. 4 Mining Claim and Monster No. 5 Mining Claim, ownership of which was claimed by appellants. This conflict, as between the Lead Hill Lode Mining Claim and…

2Cases cited9 opinions

  1. Reinhart v. LugoCalifornia Supreme Court · 1890
  2. Sacramento Bank v. MontgomeryCalifornia Supreme Court · 1905
  3. Harris v. SargeantOregon Supreme Court · 1900
  4. Wailes v. DaviesU.S. Circuit Court for the District of Nevada · 1907
  5. Goldberg v. BruschiCalifornia Supreme Court · 1905

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3Cited by11 opinions

  1. Kaufmann v. California Mining & Dredging SyndicateCalifornia Supreme Court · 1940
  2. City of Salinas v. Luke Kow LeeCalifornia Supreme Court · 1933
  3. Brown v. MurphyCalifornia Court of Appeal · 1939
  4. B & B Sulphur Co. v. KelleyCalifornia Court of Appeal · 1943
  5. Crane v. FrenchCalifornia Court of Appeal · 1940

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