McCarthy v. Phelan
California Supreme Court
APPEAL from an order of the Superior Court of Tuolumne County granting a new trial. G. W. Nicol, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
— Action to quiet title to a mining claim. The defendant is in the possession of the property, and the plaintiff alleges ownership and right of possession in himself. The defendant denies the plaintiff’s allegations, and alleges his own ownership, setting forth, also, his location of the claim under the laws of the United States. The cause was tried by the court, and findings of fact made by it, to the effect that the plaintiff made a location of the claim, October 14, 1895, — giving the character of the location and of the notice thereof; that from the time of said location until the first…
2Cases cited7 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- Golden Fleece G. & S. M. Co. v. Cable Consolidated G. & S. M. Co.Nevada Supreme Court · 1877
- Bennett v. HarkraderSupreme Court of the United States · 1895
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3Cited by4 opinions
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Denman v. SmithCalifornia Supreme Court · 1939
- Douville v. Pacific Coast Casualty Co.Idaho Supreme Court · 1914
- Robson v. O'TooleCalifornia Court of Appeal · 1923