Legal Opinion

Stoakes v. Monroe

California Supreme Court

Decided October 15, 1868PublishedCited by 20 opinions

Appeal from the District Court, Fourteenth Judicial District, Nevada County. The plaintiffs recovered judgment in the Court below, and the defendants appealed from an order denying a new trial. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Crockett, J.:

The plaintiffs are the'owners in possession of a mining claim known as the “Horth Star,” and the defendants are the owners in possession of a contiguous claim, known as the claim of “Lott & Co.” or “Lott, G-anett & Co.” The action is for damages for an alleged encroachment upon and injury to the plaintiffs’ mining ground by the defendants, and for a perpetual injunction to prevent future encroachments. The answer denies that the plaintiffs are the owners or in possession of the locus in quo, and avers title in the defendants. The plaintiffs’ location was prior to…

2Cited by20 opinions

  1. Klopenstine v. HaysUtah Supreme Court · 1899
  2. Reed v. ClarkCalifornia Supreme Court · 1873
  3. State v. AlbertsonNorth Dakota Supreme Court · 1910
  4. Vélez v. LlavinaSupreme Court of Puerto Rico · 1912
  5. Brannock v. BromleyCalifornia Court of Appeal · 1939

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