Legal Opinion

Lowe v. Alexander

California Supreme Court

Decided July 1, 1860PublishedCited by 21 opinions

Appeal from the Seventeenth District. Ejectment for one-eighth interest or share in mining claims known as the “ Democratic Company ” claims, the averment in the complaint being that plaintiff “ was lawfully seized and possessed,” and that defendants, “ with force and arms, wrongfully and unlawfully broke and entered,” * * * “ and unlawfully ejected said plaintiff and took possession * * * and still continue forcibly, unlawfully and wrongfully to withhold the possession, * *…

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Appeal from the Seventeenth District. Ejectment for one-eighth interest or share in mining claims known as the “ Democratic Company ” claims, the averment in the complaint being that plaintiff “ was lawfully seized and possessed,” and that defendants, “ with force and arms, wrongfully and unlawfully broke and entered,” * * * “ and unlawfully ejected said plaintiff and took possession * * * and still continue forcibly, unlawfully and wrongfully to withhold the possession, * * * and wrongfully, and without color of right, claim to be the owners of the same,” etc. The answer denies generally…

1Opinion of the CourtCope, J.

Field, C. J. concurring.

This is an action to recover possession of an interest in certain mining claims in Sierra county. The interest belonged originally to one Schmidt, who, on the twenty-second of August, 1859, sold and conveyed the same to the plaintiff. On the trial of the case, the defendant offered in evidence a judgment and execution against Schmidt, for the sum of one hundred and eight dollars, together with interest and costs, and a Constable’s deed, dated the nineteenth of March, 1859, reciting a sale of the property under such judgment and execution, and conveying the same to one…

2Cases cited1 opinion

  1. People ex rel. Whitney v. Board of Delegates of San Francisco Fire DepartmentCalifornia Supreme Court · 1860

3Cited by21 opinions

  1. Great Western Power Co. v. PillsburyCalifornia Supreme Court · 1915
  2. Schwarz v. Superior CourtCalifornia Supreme Court · 1896
  3. Estate of SharonCalifornia Supreme Court · 1918
  4. Miller & Lux, Inc. v. Board of SupervisorsCalifornia Supreme Court · 1922
  5. Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865

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