Mulborn v. Montezuma Improvement Co.

These two actions for money had and re-' ceived were commenced by different plaintiffs against the same defendant but they involve substantially the same facts, except as to dates and amounts. They were separately tried and decided, and a judgment was entered in each action against the defendant, from which defendant appeals. The appeals are taken upon separate bills of exceptions printed in a single -transcript and are presented on one set of briefs.

The defendant Montezuma Improvement Co., a corporation, was the owner of approximately 10,700 acres of land situate in Mendocino County, upon…