Legal Opinion

Newbill v. Whitfield

California Supreme Court

Decided January 26, 1883PublishedCited by 2 opinions

Appeal from a judgment of the Superior Court of the county of San Bernardino, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtRoss, J.

The contest on this case is between the claimants of two certain mining claims called, respectively, the Red Jacket and Burning Moscow, situated in Grapevine Mining District, in the Calico Mountains of San Bernardino County. The action is ejectment—plaintiffs claiming the lode in question to be within the lines of the Red Jacket, and the defendants that it is a part of the Burning Moscow.

The fact is not disputed that the plaintiff Uewbill discovered the Red Jacket on the 26th day of March, 1881, whatever its lines may be held to be. On that day, in traversing the mountain, he discovered…

2Cited by2 opinions

  1. Talmadge v. St. JohnCalifornia Supreme Court · 1900
  2. Francis v. JenkinsDistrict Court, D. Alaska · 1937

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