Quigley v. Gillett
California Supreme Court
Appeal from a judgment of the Superior Court of Plumas County. The facts are stated in the opinion of the court. The burden of proof was not upon defendants to show that they had represented their claim in 1890. It devolved upon plaintiffs to show that they had not. Each party must prove his own affirmative allegations. (Code ■ Civ. Proc., sec. 1869.) Defendants showed a valid location made prior to the attempted relocation of plaintiffs.
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Appeal from a judgment of the Superior Court of Plumas County. The facts are stated in the opinion of the court. The burden of proof was not upon defendants to show that they had represented their claim in 1890. It devolved upon plaintiffs to show that they had not. Each party must prove his own affirmative allegations. (Code ■ Civ. Proc., sec. 1869.) Defendants showed a valid location made prior to the attempted relocation of plaintiffs. This showed defendants entitled to the possession until it was established by allegation and proof that the location had been forfeited and a valid entry…
1Opinion of the Court
The Court.—
This action was brought to determine the adverse claims of the parties to the right of possession of certain placer mining land in the county of Plumas.
The complaint alleged in substance that on the twenty-first day of March, 1891, the land in controversy “ was, ever since- has been, and now is, gold-bearing public mineral land of the United States,” and that on the day named four of the plaintiffs and three other persons, the grantors of one of the plaintiffs, all of whom were then citizens of the United States, entered upon, took possession of, and located the same as a placer…
2Cases cited2 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Chambers v. HarringtonSupreme Court of the United States · 1884
3Cited by27 opinions
- Altoona Quicksilver Mining Co. v. Integral Quicksilver Mining Co.California Supreme Court · 1896
- Bishop v. BaisleyOregon Supreme Court · 1895
- Gordon v. PerkinsCalifornia Supreme Court · 1928
- Tosco Corp. v. HodelDistrict Court, D. Colorado · 1985
- Sourbis v. RhoadsCalifornia Court of Appeal · 1920
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