King v. Randlett
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. This was an action to recover the possession of two and one half undivided sixteenth shares of the Independent Tunnel Mining Claims in Placer County. The plaintiff, in the complaint, alleged title in himself, and an ouster hy the defendant.
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Appeal from the District Court, Fourteenth Judicial District, Placer County. This was an action to recover the possession of two and one half undivided sixteenth shares of the Independent Tunnel Mining Claims in Placer County. The plaintiff, in the complaint, alleged title in himself, and an ouster hy the defendant. The defendant, in answer, denied all the averments of the complaint, except the fact of his (defendant’s) possession, alleged title in himself, and pleaded the Statute of Limitations. The cause was tried before, the Court with a jury. The plaintiff, in the statement of his cause…
1Opinion of the Court
By the Court, Sanderson, J.:
The plaintiff having obtained his alleged interest in the Independent Tunnel Company’s claim by purchase, which purchase was evidenced by a deed or bill of sale, was bound to produce his deed or bill of sale for the purpose of proving his title—that being the best evidence—or prove its loss for the purpose of laying a foundation for the introduction of secondary evidence as to its contents. (Patterson v. Keystone Mining Company, 30 Cal. 365.) The evidence of the loss was insufficient. It showed that in all probability the bill of sale was left in the plaintiff’s…
2Cases cited5 opinions
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Mayo v. Ah LoyCalifornia Supreme Court · 1867
- Goller v. FettCalifornia Supreme Court · 1866
- Patterson v. Keystone Mining Co.California Supreme Court · 1866
- Gilbert v. Manchester Iron Manufacturing Co.New York Supreme Court · 1832
3Cited by10 opinions
- Estate of SharonCalifornia Supreme Court · 1918
- State v. DennyNorth Dakota Supreme Court · 1908
- Keybers v. McComberCalifornia Supreme Court · 1885
- Garthe v. HartCalifornia Supreme Court · 1887
- Miller v. MillerMontana Supreme Court · 1913
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