Gatewood v. McLaughlin

This is an action to recover the possession of the undivided one-fourth of a mining claim. Both parties claim under one Tyson; the plaintiff under a deed dated March 25th, 1861, and the defendant under .an alleged verbal sale and delivery of possession prior to that date, by Tyson to one McCabe, and by McCabe to one Harris, and by Harris to the defendant. On the trial, the defendant “ offered to prove by good and competent evidence, to wit: by parol, that the plaintiff’s grantor, prior to the conveyance made to the plaintiff, had sold his interest, being the interest in controversy, to one…