Merced Mining Co. v. Fremont
California Supreme Court
Appsal from the District Court of the Thirteenth Judicial District, County of Mariposa. This is an appeal from an order of the Court below, granting an injunction.
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Appsal from the District Court of the Thirteenth Judicial District, County of Mariposa. This is an appeal from an order of the Court below, granting an injunction. The plaintiffs allege that they are the owners and possessors of certain described real estate, and veins of gold-bearing quartz; that they took possession of them, and have been working them, for the purpose of extracting the gold from the rock, and have expended upon the property upwards of eight hundred thousand dollars; that defendants claim an interest adverse to the plaintiffs, but that the defendants have no title; that the…
1Opinion of the CourtBurnett, J.
The questions arising in this case are of the greatest importance, and may be stated thus:
The order granting the injunction was made, upon the facts stated in the complaint, which must be taken as true, for the purpose of determining the points raised on appeal.
1. Can a party, in possession of a mining-claim on public land within this State, sustain a suit to determine the adverse title of a party out of possession ?
2. And if so, can the plaintiff obtain an injunction, pending the litigation, to prevent the removal of the minerals, in the same manner as if he were the true owner of the soil ?
I…
2Cases cited1 opinion
- Hicks v. BellCalifornia Supreme Court · 1853
3Cited by32 opinions
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1888
- Green v. GlynnIndiana Supreme Court · 1880
- Thomson v. ThomsonCalifornia Supreme Court · 1936
- Palo Alto-Menlo Park Yellow Cab Co. v. Santa Clara County Transit DistrictCalifornia Court of Appeal · 1976
- Kellogg v. KingCalifornia Supreme Court · 1896
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