Holland v. Mount Auburn Gold Quartz Mining Co.
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, Nevada County. Ejectment for a quartz mining claim of fifteen hundred feet long by six hundred feet wide.
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Appeal from the District Court of the Fourteenth Judicial District, Nevada County. Ejectment for a quartz mining claim of fifteen hundred feet long by six hundred feet wide. The defendant had been in possession of the claim for several years, when in August, 1876, the plaintiffs attempted to relocate it, upon the assumption that the defendant had forfeited its interest in the claim by failing to do the work required by the Act of May 10, 1872, which requires work of the value of ten dollars for each one hundred feet to be done annually. The plaintiffs went upon the ground and posted the…
1Opinion of the Court
By the Court :
The defendant was in possession of the mining ground prior to the dates when the plaintiffs attempted to locate it, under the provisions of the Act of Congress of May 10, 1872.
Before the commencement of this action the location of plaintiffs was not distinctly marlced on the ground so that its boundaries could be readily traced, as required by the Act. (Rev. Stats. U. S. sec. 2324.)
Judgment and order reversed, and cause remanded for a new trial.
2Cited by8 opinions
- Donahue v. MeisterCalifornia Supreme Court · 1891
- Doe v. Waterloo Min. Co.Court of Appeals for the Ninth Circuit · 1895
- Lebanon Mining Co. v. Consolidated Republican Mining Co.Supreme Court of Colorado · 1882
- Worthen v. SidwaySupreme Court of Arkansas · 1904
- Runnels v. StateCourt of Criminal Appeals of Texas · 1903
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