Legal Opinion

Pekin Mining & Milling Co. v. Kennedy

California Supreme Court

Decided November 29, 1889No. 12453PublishedCited by 18 opinions

Appeal from a judgment of the Superior Court of El Dorado County, and from an order denying a new trial. The facts are stated in the opinion of the court. •

1Opinion of the Court

McFarland,

This is an action of ejectment to recover a tract of land containing about five and one half acres, situated in section 29, township 9 north, range 10 east, Mount Diablo meridian, in El Dorado County. The findings and judgment were for plaintiff, and defendants appeal from the judgment, and from an order denying a new trial.

The land in contest constitutes a part of what is known as the “ Oro Fino quartz mine,” which was surveyed by a United States mineral surveyor, and marked out, etc., in 1880. No patent seems to have been obtained for the land as mining ground; but plaintiff…

2Cases cited1 opinion

  1. McShane v. CarterCalifornia Supreme Court · 1889

3Cited by18 opinions

  1. Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
  2. Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
  3. Royal Consol. Mining Co. v. Royal Consol. Mines (Cal.) Co.California Supreme Court · 1910
  4. Campbell v. Argenta Gold & Silver Min. Co.U.S. Circuit Court for the District of Montana · 1892
  5. Williams v. GaylordSupreme Court of the United States · 1902

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