Legal Opinion

Table Mountain Tunnel Co. v. Stranahan

California Supreme Court

Decided July 1, 1862PublishedCited by 18 opinions

Appeal from the Fifth Judicial District. Ejectment to recover nine hundred and twenty-six feet of an underground channel claimed by plaintiffs. The possession of the ground by defendants is admitted by the pleadings. In June, 1852, a mining association, called the “ Experimental Company,” or “Allen Oliver & Co.,” commenced a tunnel for the purpose of piercing an old subterranean channel in Table Mountain, (then first discovered) containing gold.

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Appeal from the Fifth Judicial District. Ejectment to recover nine hundred and twenty-six feet of an underground channel claimed by plaintiffs. The possession of the ground by defendants is admitted by the pleadings. In June, 1852, a mining association, called the “ Experimental Company,” or “Allen Oliver & Co.,” commenced a tunnel for the purpose of piercing an old subterranean channel in Table Mountain, (then first discovered) containing gold. This company consisted, originally, (in May, 1852) of Allen Oliver, John Oliver, J. Stanfield, S. Stanfield, R. Darling and J. D. Lyon. In June,…

1Opinion of the CourtCope, J.

The plaintiff is a mining corporation, and the suit is brought to eject the defendants from nine hundred and twenty-six feet of a mining claim, the ownership of which is alleged to be in the plaintiff. The claim was located in 1852, by an association of individuals calling themselves the Experimental Tunnel Company, who posted a notice and proceeded with the construction of a tunnel. In 1853 the boundaries of the claim were run off and marked by the blazing of trees at the corners and along the lines ; and the work upon the tunnel was continued by certain of the members of the company until…

2Cases cited1 opinion

  1. English v. JohnsonCalifornia Supreme Court · 1860

3Cited by18 opinions

  1. Mining Co. v. TaylorSupreme Court of the United States · 1879
  2. Hicks v. ColemanCalifornia Supreme Court · 1864
  3. Hopkins v. NoyesMontana Supreme Court · 1883
  4. Omar v. SoperSupreme Court of Colorado · 1888
  5. Garthe v. HartCalifornia Supreme Court · 1887

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