Central Eureka Mining Co. v. East Central Eureka Mining Co.
California Supreme Court
The facts are stated in the opinion of the court. Campbell, Metson & Campbell, and Galpin & Bolton, for Appellants. The quitclaim deed of December 31, 1898, conveyed all minerals beneath the surface of the land granted which were not expressly reserved. (2 Blackstone’s Commentaries, 19; Civ.
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The facts are stated in the opinion of the court. Campbell, Metson & Campbell, and Galpin & Bolton, for Appellants. The quitclaim deed of December 31, 1898, conveyed all minerals beneath the surface of the land granted which were not expressly reserved. (2 Blackstone’s Commentaries, 19; Civ. Code, sec. 659; Moore v. Smaw, 17 Cal. 199, 224;1 Moelle v. Sherwood, 148 U. S. 21-29; Carpentier v. Williamson, 25 Cal. 154; Graff v. Middleton, 43 Cal. 341.) The end-lines not being parallel, the patent under the act of 1872 conveyed no extralateral rights. (Iron Silver M. Co. v. Elgin M. and S. Co.,…
1Opinion of the CourtAngellotti, J.
Defendants Toman appeal from a judgment quieting plaintiff’s title to certain mining prop erty and from, an order denying their motion for a new trial. The plaintiff is the owner of the Summit Quartz Mine, situated in Amador County, and the controversy here is as to so much of the vein of ore having its apex within the surface lines of plaintiff’s location as lies within vertical planes drawn through" the end-lines of such location and those lines produced in their own direction, and underneath the surface of defendant’s land. This vein at the apex traverses plaintiff’s location, crossing…
2Cases cited11 opinions
- Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.Supreme Court of the United States · 1898
- Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
- New Dunderberg Min. Co. v. OldCourt of Appeals for the Eighth Circuit · 1897
- Tyler Min. Co. v. Last Chance Min. Co.Court of Appeals for the Ninth Circuit · 1898
- Davis v. ShepherdSupreme Court of Colorado · 1903
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3Cited by3 opinions
- Daggett v. Yreka Mining & Milling Co.California Supreme Court · 1906
- Brugger v. Lee YimCalifornia Court of Appeal · 1936
- Riley v. North Star Mining Co.California Supreme Court · 1907