Waring v. Crow
California Supreme Court
Appeal from the District Court of the Ninth Judicial District, County of Shasta. This was an action of ejectment to recover possession of one undivided fourth interest in four mining claims, and also one undivided forty-eighth part of a flume for conducting water to said claims.
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Appeal from the District Court of the Ninth Judicial District, County of Shasta. This was an action of ejectment to recover possession of one undivided fourth interest in four mining claims, and also one undivided forty-eighth part of a flume for conducting water to said claims. The complaint alleges that the plaintiff, on the first day of June, 1857, was the owner and in possession of, and ever since has been and still is, the owner of the following described premises situated in said County of Shasta, to wit: one undivided fourth part of four mining claims situated on Lone Hill, etc., also…
1Opinion of the Court
I. The Court erred in overruling the defendant’s demurrer to the complaint.
There was a non-joinder of parties defendant.
*370The plaintiff should have brought his suit against his copartners for his undivided interest in said claims, and for an accounting of the proceeds. Schelper v. Evans et al., 4 Cal., page 212.
Ejectments will not lie for the possession of a mining claim where the facts show that the claim is undivided and held in common by four copartners, three of whom stand by and acquiesce in the sale and purchase by an innocent person in good faith.
If one of the copartners suffer thereby,…
Also in this document: Concurrence.
2Cases cited3 opinions
- Hicks v. BellCalifornia Supreme Court · 1853
- Abell v. CalderwoodCalifornia Supreme Court · 1854
- Bequette v. CaulfieldCalifornia Supreme Court · 1854
3Cited by9 opinions
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- Terrell v. MartinTexas Supreme Court · 1885
- Trevaskis v. PeardCalifornia Supreme Court · 1896
- Del Giorgio v. PowersCalifornia Court of Appeal · 1938
- Adams v. HodgkinsSupreme Judicial Court of Maine · 1912
4 more not listed; retrieve them via the Exa API.