Lawton v. Gordon
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, Amador County. The plaintiffs sued to recover possession of an undivided three fifths of the mine, and recovered an undivided one fifth. The defendants first answered, denying the plaintiffs’ right to more than one undivided tenth of the mine.
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Appeal from the District Court, Eleventh Judicial District, Amador County. The plaintiffs sued to recover possession of an undivided three fifths of the mine, and recovered an undivided one fifth. The defendants first answered, denying the plaintiffs’ right to more than one undivided tenth of the mine. They after-wards filed an amended answer, in which they admitted the plaintiffs’ right to an undivided one fifth of the mine, and denied having ousted them from said one fifth. The Court found as a fact that the plaintiffs were entitled to the possession of an undivided one fifth of the mine,…
1Opinion of the Court
By the Court, Rhodes, J. :
The material facts upon which the question in this case arises are these: Barron conveyed to Reed the undivided two fifths of a certain quartz lode and mining claim. The deed was filed for record in the Recorder’s office on the 6th day of July, 1864,' and before it was actually recorded it was taken from the office by a third party, by means of a letter of Reed to the Recorder, and about the twenty-sixth of September it was returned to the Recorder’s office, and was recorded on the first or second of October following.
Barron conveyed the same premises to Reichling on…
2Cases cited3 opinions
- Killey v. WilsonCalifornia Supreme Court · 1867
- Lawton v. GordonCalifornia Supreme Court · 1867
- Havens v. DaleCalifornia Supreme Court · 1866
3Cited by4 opinions
- Olson v. CornwellCalifornia Court of Appeal · 1933
- French v. PhelpsCalifornia Court of Appeal · 1912
- Watkins v. WilhoitCalifornia Supreme Court · 1894
- Gribble v. MauerhanCalifornia Court of Appeal · 1961