Souter v. Maguire
California Supreme Court
Appeal from a judgment of the Superior Court of Shasta County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
Action to quiet title to a mining claim, and for an injunction. The trial court gave judgment for the plaintiff, and the defendants appeal.
The appellants make a number of points in regard to the pleadings and findings, which are based upon the idea that it is not sufficient in cases of this character for the plaintiff to allege that he is “the owner” of the property, but that he must set out the facts showing him to be such. But ever since the case of Payne v. Treadwell, 16 Cal. 242, it has been held that the ownership is the ultimate fact, and that, as a general rule, it is…
2Cases cited7 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Alhambra Addition Water Co. v. RichardsonCalifornia Supreme Court · 1887
- Thompson v. SprayCalifornia Supreme Court · 1887
- Ferrer v. Home Mutual InsuranceCalifornia Supreme Court · 1874
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3Cited by15 opinions
- Davis v. CrumpCalifornia Supreme Court · 1912
- McKay v. McDougalMontana Supreme Court · 1897
- Johnson v. VanceCalifornia Supreme Court · 1890
- McArthur v. ClarkSupreme Court of Minnesota · 1902
- Swanson v. KettlerIdaho Supreme Court · 1909
10 more not listed; retrieve them via the Exa API.