Rowe v. Bradley
California Supreme Court
Appeal from the Fourteenth District, County of Sierra. The facts, as disclosed by the opinion of the Court, are as follows : This was an action of trespass, in which the plaintiff complains that in April, 1857, he owned and possessed a third part of a tract of mining ground, and that defendants broke into and trespassed upon it, and dug up and converted the dirt and gold-bearing earth to the value of $2,000. The defendants answered, denying that the claim was the property of…
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Appeal from the Fourteenth District, County of Sierra. The facts, as disclosed by the opinion of the Court, are as follows : This was an action of trespass, in which the plaintiff complains that in April, 1857, he owned and possessed a third part of a tract of mining ground, and that defendants broke into and trespassed upon it, and dug up and converted the dirt and gold-bearing earth to the value of $2,000. The defendants answered, denying that the claim was the property of the plaintiff, or that they committed any trespass on the property of the plaintiff, and generally denying all the…
1Opinion of the CourtBaldwin, J.
One Finney, the vendor of the claim to Rowe, was examined as a witness. It is assigned as error, that he was admitted to testify when he was incompetent. The question before the jury was not as to the original title as it stood before the witness sold, but as to whether the claim belonged to plaintiff, F. M. Rowe, as whose property it was levied on by the officer.
It is true that the witness had not been paid all the purchase money; but this made no difference. This was not an action to try the title ; and if it were, in this state of the question before the jury, the vendor, for all that…
2Cited by7 opinions
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