Golden State & Miners' Iron-Works v. Davidson
California Supreme Court
Appeal from a judgment of the Superior Court of Calaveras County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
Ejectment for an undivided seven tenths of a mine.
On November 13, 1880, and subsequently, Richard F. Knox, Joseph Osborne, W. T. Robinson, S. P. Ely, and Phillip V. R. Ely were mining partners engaged in working the Esperance mine, the legal title to which stood as follows: Eight tenths in Knox and Osborne (one of these eight tenths being held in trust for Robinson), three twentieths in S. P. Ely, and one twentieth in Phillip V. R. Ely. On December 13, 1880, Knox and Osborne mortgaged their seven tenths to the plaintiff. It does not appear whether or not this mortgage was recorded.…
2Cases cited7 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Davidson v. KnoxCalifornia Supreme Court · 1885
- McCauley v. FultonCalifornia Supreme Court · 1872
- People's Savings Bank v. HodgdonCalifornia Supreme Court · 1883
- Jones v. ParsonsCalifornia Supreme Court · 1864
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3Cited by2 opinions
- Dillard v. McKnightCalifornia Supreme Court · 1949
- Broadway National Bank v. WoodMassachusetts Supreme Judicial Court · 1896