Legal Opinion

Real Del Monte Consolidated Gold & Silver Mining Co. v. Pond Gold & Silver Mining Co.

California Supreme Court

Decided July 1, 1863PublishedCited by 4 opinions

Appeal from the Sixteenth Judicial District, Mono County. The complaint was filed August 10th, 1863, and avers that on the ninth day of February, 1863, the plaintiffs were the owners of, in the actual possession, and entitled to the possession of a gold and silver quartz lode, known as the Aurora Mine Ledge, commencing at a point distant fourteen feet in a direction north fifty-six degrees west from the cut in the ledge at the mouth of the shaft known as the old Aurora…

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Appeal from the Sixteenth Judicial District, Mono County. The complaint was filed August 10th, 1863, and avers that on the ninth day of February, 1863, the plaintiffs were the owners of, in the actual possession, and entitled to the possession of a gold and silver quartz lode, known as the Aurora Mine Ledge, commencing at a point distant fourteen feet in a direction north fifty-six degrees west from the cut in the ledge at the mouth of the shaft known as the old Aurora Shaft, and from said point of commencement extending in a westerly direction eight hundred feet on the ledge, and in an…

1Opinion of the CourtCrocker, J.

*84This is an appeal from an order refusing to dissolve an injunction which had been granted upon the complaint, without notice to the defendants. The defendants.filed an answer denying all the material allegations of the complaint, and moved thereon to dissolve the injunction, which was denied. The main question at issue is the ownership of the quartz ledge which the defendants are engaged in working—the plaintiffs claiming that it is a part of the “ Aurora Ledge,” owned by them; and the defendants denying that it is part of the “ Aurora Ledge,” aver that it is a part of the “ Pond Lode,” owned…

2Cases cited4 opinions

  1. Waldron v. MarshCalifornia Supreme Court · 1855
  2. Burnett v. WhitesidesCalifornia Supreme Court · 1859
  3. Gardner v. PerkinsCalifornia Supreme Court · 1858
  4. Grinter v. ComptonCalifornia Supreme Court · 1861

3Cited by4 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. Lux v. HagginCalifornia Supreme Court · 1886
  3. Grant County v. Colonial & United States Mortg. Co.South Dakota Supreme Court · 1892
  4. Bigelow v. City of Los AngelesCalifornia Supreme Court · 1890

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