Gelcich v. Moriarty
California Supreme Court
Appeal from the District Court of the Sixteenth Judicial District, Inyo County. The-action was brought to quiet title to a mining claim situate in the Coso Mining District. Both parties located subsequent to the passage of the Act of Congress of May 10th, 1872. The plaintiff’s location was made by placing a monument of rocks three or four feet high on the croppings of the ledge, and posting thereon the following notice : “THE BILDEBBAIN VEIN OB LODE.
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Appeal from the District Court of the Sixteenth Judicial District, Inyo County. The-action was brought to quiet title to a mining claim situate in the Coso Mining District. Both parties located subsequent to the passage of the Act of Congress of May 10th, 1872. The plaintiff’s location was made by placing a monument of rocks three or four feet high on the croppings of the ledge, and posting thereon the following notice : “THE BILDEBBAIN VEIN OB LODE. “ Discovered November 28th, 1874. . •“ I, the undersigned, do hereby locate and claim fifteen hundred feet linear, together with three hundred…
1Opinion of the Court
By the Court :
The findings do not show that plaintiff has had the possession of any definite part of the mining ground in controversy, and plaintiff is therefore noi entitled to a decree based on his actual possession of any specific portion.
Nor dó the findings show that either jiarty has acquired title under the Act of Congress of May 10th, 1872; both parties having attempted to make location after the passage of that' act, and both having failed to distinctly mark their locations on the ground so that the boundaries can be readily traced.
Judgment and order reversed, and cause remanded for a…
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