Cunningham v. Hawkins
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Sierra County. This was an action to recover possession of one undivided fourth part of a mining claim situated at Poverty Hill, Sierra County. The complaint averred that on the first day of September, 1861, the plaintiff was the owner of and in possession of the interest in the claim in dispute, and that on the same day defendant entered and ousted him from the possession thereof.
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Appeal from the District Court, Tenth Judicial District, Sierra County. This was an action to recover possession of one undivided fourth part of a mining claim situated at Poverty Hill, Sierra County. The complaint averred that on the first day of September, 1861, the plaintiff was the owner of and in possession of the interest in the claim in dispute, and that on the same day defendant entered and ousted him from the possession thereof. Plaintiff, on the trial, proved that on and before the 16th day of February, 1856, one James Cunningham was the owner of and in possession of the interest in…
1Opinion of the Court
By the Court, Sawyer, J.
Plaintiff introduced in evidence an instrument in writing executed by James H. Bartlett, dated May 13, 1856, purporting to transfer to George Raskt & Co. “all my (his) right, title and interest in the claims” in dispute, “in consideration of *606the sum of two hundred and two dollars and sixty-five cents, with interest from date till paid by me.” Also, a note given by said Bartlett to said Raskt & Co., bearing the same date, for the sum of two hundred and two dollars and sixty-five cents, payable on demand with interest until paid, at three per cent per month. He then…
2Cases cited2 opinions
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