Eagan v. Delaney
California Supreme Court
Appeal from the Eleventh District. Plaintiffs claim to be the owners of a certain piece of mining ground described in their complaint, and allege that the same was taken up in 1856 by certain parties in the complaint named. The complaint then states particularly the several transfers which had been made of the claims from the first- locators, and shows that plaintiffs have obtained the title of the first locators of the claim.
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Appeal from the Eleventh District. Plaintiffs claim to be the owners of a certain piece of mining ground described in their complaint, and allege that the same was taken up in 1856 by certain parties in the complaint named. The complaint then states particularly the several transfers which had been made of the claims from the first- locators, and shows that plaintiffs have obtained the title of the first locators of the claim. The complaint then alleges that defendants have entered upon a portion of the ground therein described. The answer denies that plaintiffs, or those through whom they…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
This was a suit for the recovery of a mining claim.
The plaintiffs stated in the complaint their title, its origin and deraignment; and upon the title, thus set out, claimed a recovery. The answer denied the title thus* set up. Upon the trial the plaintiffs proved, as they claim, a title accruing to them in a particular way, subsequent in origin and different in the mode of acquisition from that counted on in the complaint. Perhaps it was not necessary for the plaintiffs to set out the particular facts constituting then' title in this action; but having done this, it would…
2Cited by3 opinions
- Soriano v. RexachSupreme Court of Puerto Rico · 1916
- Eberhardt v. CoyneCalifornia Supreme Court · 1896
- Soriano v. RexachSupreme Court of Puerto Rico · 1916