Phelps v. Maxwell's Creek Gold Mining Co.
California Supreme Court
Appeal from the District Court, Thirteenth-Judicial District, County of Mariposa. The plaintiffs were foundrymen and machinists at Sonoma, Tuolumne county, and the defendant, the Maxwell’s Creek Gold Mining Company, was the owner of a quartz mill in the county of Mariposa, on Maxwell’s Creek, near Ooulterville.
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Appeal from the District Court, Thirteenth-Judicial District, County of Mariposa. The plaintiffs were foundrymen and machinists at Sonoma, Tuolumne county, and the defendant, the Maxwell’s Creek Gold Mining Company, was the owner of a quartz mill in the county of Mariposa, on Maxwell’s Creek, near Ooulterville. The plaintiffs, between April, 1870, and December of the same year, at the request of one Douglass, who had leased the mill, furnished machinery and castings which were used in repairing the mill. The other defendants, except Smith, Dickenson & Co., performed labor on the mill at the…
1Opinion of the Court
By the Court, Wallace, C. J.:
The action is brought to enforce liens claimed by the plaintiffs and others upon a quartz mill in Mariposa county, as laborers and material men, under the provisions of the Act of March 30, 1868, for securing liens of mechanics and others. The “ Maxwell’s Creek Gold Mining Company,” the owner in fee of the premises, was not in possession at the time the labor was done or the materials furnished upon which the liens in question are predicated, but one Gilbert Douglass, as the lessee of the company for a term then unexpired, was in possession, and he alone caused…
2Cases cited1 opinion
- Hicks v. MurrayCalifornia Supreme Court · 1872
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