Connell v. El Paso Gold Mining & Milling Co.

The defendant Connell, who was the record owner of the Gibraltar lode mining claim, sold and conveyed it to the plaintiff gold mining company for the sum of three thousand dollars. After the sale was thus executed, the plaintiff, learning that the purported discovery shaft of the claim was not within its exterior boundaries, but on a previously patented location, tendered to defendant a reconveyance of the property and demanded the return of the purchase money, which the defendant refused to refund. Thereupon plaintiff brought this action *32charging that defendant falsely and fraudulently…