Pralus v. Pac. Gold & Silver Mining Co.
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Yuba County. The trial of this cause was by the Court, without a jury.
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Appeal from the District Court, Tenth Judicial District, Yuba County. The trial of this cause was by the Court, without a jury. The pleadings on the part of the defendant, a corporation, consisted of the answer and a supplemental answer; the latter setting up as defenses the matters stated in the opinion of the Court, while the former put in issue all the averments of the complaint except that the defendant made claim of title to the disputed premises, and alleged that at the commencement of the action, and continuously thereafter, it had been in possession of the same. On the trial…
1Opinion of the Court
By the Court, Sprague, J.:
This action was brought under the two hundred and fifty-fourth section of our Practice Act, to quiet title to a quartz mining claim upon the public lands. The plaintiffs, as appears by the complaint, claim only a possessory title in or upon the public lands of the United States, and the first question presented is, whether such a claim or title is sufficient to authorize an action by the party in possession under the same to determine the adverse title or claim of a party out of possession. This has been frequently decided by this Court in the affirmative, and we…
2Cases cited9 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Curtis v. SutterCalifornia Supreme Court · 1860
- Head v. FordyceCalifornia Supreme Court · 1860
- Kimball v. SempleCalifornia Supreme Court · 1864
- Breeze v. DoyleCalifornia Supreme Court · 1861
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- Bard v. KleebWashington Supreme Court · 1890
- Moore v. Clear Lake Water WorksCalifornia Supreme Court · 1885
- Carey v. BrownCalifornia Supreme Court · 1881
- State v. StevensNorth Dakota Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.