McLaughlin v. Powell
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. Ejectment to recover the northeast quarter of section 29, township number one north, of range number one east, Mount Diablo base and meridian.
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Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. Ejectment to recover the northeast quarter of section 29, township number one north, of range number one east, Mount Diablo base and meridian. The defendant, in his answer, set up that the plaintiff claimed the land under the grant made to the Central Pacific Railroad Company of California, and that the land was mineral land, and was, by the express terms of the grant, excepted from the operation of the same. On the trial the plaintiff offered in evidence a patent from the United States to the Western Pacific…
1Opinion of the Court
By the Court, McKinstry, J.;
It was not suggested at the argument that lands valuable because of cinnabar or quicksilver ores, are not “mineral lands” within the meaning of the act of Congress, and we shall assume that they are.
The defendant’s objection to the patent, that it was “ irrelevant,” was properly overruled. It is not necessary to decide whether it was for the plaintiff, who relied on the patent, to prove that the land in controversy was not one of the excepted tracts, because an examination of the record shows us no motion for nonsuit was made.
The court below refused to permit the…
2Cited by7 opinions
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