Knox v. Higby
California Supreme Court
Appeal from a judgment of the Superior Court of Calaveras County, and from an order refusing a new trial. The action was brought to quiet title to a tract of mining ground in Calaveras County, as against an adverse claim asserted thereto by the defendant under a certificate of sale for taxes. The complaint alleged that upon the assessment roll the assessor described the property as follows: — “‘BOSTON QTZ.
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Appeal from a judgment of the Superior Court of Calaveras County, and from an order refusing a new trial. The action was brought to quiet title to a tract of mining ground in Calaveras County, as against an adverse claim asserted thereto by the defendant under a certificate of sale for taxes. The complaint alleged that upon the assessment roll the assessor described the property as follows: — “‘BOSTON QTZ. MINE,) KNOX and OSBORN, [ R. F. J. ) “‘Owp. of a certain Qtz. mine or lode, being mineral entry No. 626, designated by the surveyor-general as lot No. 44, embracing a portion— Mt. Diablo B.…
1Opinion of the Court
Foote, C.
This action was brought to quiet the plaintiff’s title to property which the defendant had bought at a certain tax sale, and for which he held a certificate of purchase. The plaintiffs had judgment, from which, and an order refusing a new trial, the defendant appeals.
From the findings, which are, we think, supported by sufficient evidence, it appears that the assessment under which the sale took place was upon a certain quartz mine described by metes and bounds, and upon a mill and other improvements which were not situated upon the land which included the mine. In other words, that *267a…
2Cases cited5 opinions
- Harper v. RoweCalifornia Supreme Court · 1878
- Bucknall v. StoryCalifornia Supreme Court · 1868
- Axtell v. GerlachCalifornia Supreme Court · 1885
- Boston Tunnel Co. v. McKenzieCalifornia Supreme Court · 1885
- Treadwell v. PattersonCalifornia Supreme Court · 1877
3Cited by8 opinions
- Cushing v. PiresCalifornia Supreme Court · 1899
- Stege v. City of RichmondCalifornia Supreme Court · 1924
- Hotchkiss v. HansbergerCalifornia Court of Appeal · 1911
- Stover v. StevensCalifornia Court of Appeal · 1913
- In Re RogersCalifornia Court of Appeal · 1928
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