Leatherwood v. Richardson
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District, in and for the County of Pima. John H. Campbell, Judge. The facts are stated in the opinion. One eotenant or partner in a mining claim cannot have the claims relocated' by a third party in such a manner as to preclude the interests of his partners or cotenants.
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APPEAL from a judgment of the District Court of the First Judicial District, in and for the County of Pima. John H. Campbell, Judge. The facts are stated in the opinion. One eotenant or partner in a mining claim cannot have the claims relocated' by a third party in such a manner as to preclude the interests of his partners or cotenants. Loclcart v. Leeds, 10 N. M. 568, 63 Pac. 48. The possession of one eotenant is the possession of all, and the statute of limitations cannot be set up to oust a eotenant of his interest by another eotenant. Union Consolidated Silver Min. Co. v. Taylor, 100 IT.…
1Opinion of the Court
PER CURIAM. —
This matter is before us on rehearing granted. Ofir former opinion in the ease is to be found in 11 Ariz., pages 163 and 278, 89 Pac; 503, and 94 Pac. 1110. We find no reason to change the views there expressed, or the result reached.
The judgment of the district court is affirmed.
DOAN, J. — I adhere to my dissent herein.
2Cases cited1 opinion
- Leatherwood v. RichardsonArizona Supreme Court · 1908