Pharis v. Muldoon
California Supreme Court
Appeal from a judgment of the Superior Court of Amador County. On the 10th of July, 1884, the defendant located the ground in controversy as a quartz mining claim, and during the year 1885, expended thereon, in labor and improvements, the sum of sixty dollars.
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Appeal from a judgment of the Superior Court of Amador County. On the 10th of July, 1884, the defendant located the ground in controversy as a quartz mining claim, and during the year 1885, expended thereon, in labor and improvements, the sum of sixty dollars. On the 1st of January, 1886, at the hour of one o’clock, A. m., the plaintiff went upon the ground and posted thereon a notice of location in his own name, but did not mark or establish any boundaries of his location until the 5th of the same month. On the 1st of January, 1886, the defendant, at the usual hour for miners to commence…
1Opinion of the Court
Foote, C.
—Action to quiet title to a mining claim. It is found by the court, and assumed by counsel upon both sides, that the claim of the defendant was not open to relocation until January 1, 1886.
At one o’clock, a. m., of that day, plaintiff posted his notice, but did not mark out his boundaries until January 5th. In the mean time, that is to say, at the usual hour of commencing work of that kind on the first day of January, 1886, the defendant resumed labor on his claim, did ten dollars’ worth of work on it up to the 5th of January, 1886, and afterward, during that year, performed labor…
2Cases cited2 opinions
- Belcher Consolidated Gold Mining Co. v. DeferrariCalifornia Supreme Court · 1882
- Newbill v. ThurstonCalifornia Supreme Court · 1884
3Cited by12 opinions
- Justice Min. Co. v. BarclayU.S. Circuit Court for the District of Nevada · 1897
- Karnes v. FlintWashington Supreme Court · 1929
- Clarke v. MalloryCalifornia Court of Appeal · 1937
- Knutson v. FredlundWashington Supreme Court · 1910
- MacDonald v. Midland Mining Co.California Court of Appeal · 1956
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