Nisbet v. Nash
California Supreme Court
Appeal from the District Court, Second Judicial District, County of Butte. Both parties appeal—the plaintiff from so much of the decree as refuses an accounting, and the defendants from the rest of it.
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Appeal from the District Court, Second Judicial District, County of Butte. Both parties appeal—the plaintiff from so much of the decree as refuses an accounting, and the defendants from the rest of it. The complaint alleges that the plaintiff and defendants are tenants in common of a certain quartz claim, described as situated in the County of Butte, and known as the Spring Valley Quartz Mining Claim; that he is the owner in fee of an undivided one-fourth of said claim, and that the defendants held like proportions; that the interests of said Chas. E. Sexey and William Fletcher are subject to…
1Opinion of the Court
1. One of several parties engaged in a mining venture may, at his pleasure, sell his interest in the property acquired; but he cannot, except under special circumstances of wrong or oppression, maintain an action for partition. Our statute fixes the relations, duties, and liabilities of parties engaged in mining ventures toward one another; and it was the intention of the Legislature in giving to a party thus engaged with others the right to put another in his place without interrupting the business, to take away the common-law right of requiring a dissolution of the copartnership, and as…
2Cases cited2 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Dougherty v. CrearyCalifornia Supreme Court · 1866
3Cited by7 opinions
- Loy v. AlstonCourt of Appeals for the Eighth Circuit · 1909
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Schmidt v. HortonNevada Supreme Court · 1930
- Estate of Carlson, Superior Court of California, County of San Francisco1891
- In re Estate of Bergin, Superior Court of California, County of San Francisco1893
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