Morenhaut v. Wilson
California Supreme Court
Appeal from the District Court of the Eighteenth Judicial District, County of San Bernardino. The action was ejectment, and the findings were as follows: 1. That in November, 1866, E. B. Frink, or some other person, as agent for the persons whose names are attached to the notice of location, a copy of which is attached to the affidavit of S. B. Cox, filed in this cause, posted said notice on a tree at or near the shaft or cut on the lead or mine in controversy. 2. That…
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Appeal from the District Court of the Eighteenth Judicial District, County of San Bernardino. The action was ejectment, and the findings were as follows: 1. That in November, 1866, E. B. Frink, or some other person, as agent for the persons whose names are attached to the notice of location, a copy of which is attached to the affidavit of S. B. Cox, filed in this cause, posted said notice on a tree at or near the shaft or cut on the lead or mine in controversy. 2. That plaintiffs are, and were at the date of such location, citizens of the United States. 3. That said Frink, as Superintendent,…
1Opinion of the Court
By the Court, Niles, J.:
The plaintiffs, by their entry, and by the work done upon the shafts and cut, had undoubtedly a prior possession of a portion of the mining claims in controversy. This possession would entitle them to recover at least that portion of the mine from the defendants, who were subsequent locators, unless the plaintiffs had cither abandoned their possession prior to the entry of the defendants, or had forfeited the claim by a non-compliance with the rules or regulations of the miners of the vicinity.
1. It is not found that the plaintiffs abandoned their claims. On the…
2Cases cited3 opinions
- People v. RizoCalifornia Supreme Court · 2000
- Richardson v. McNultyCalifornia Supreme Court · 1864
- Willson v. CleavelandCalifornia Supreme Court · 1866
3Cited by13 opinions
- Bishop v. BaisleyOregon Supreme Court · 1895
- Del Giorgio v. PowersCalifornia Court of Appeal · 1938
- Power v. SlaMontana Supreme Court · 1900
- Horswell v. RuizCalifornia Supreme Court · 1885
- W. F. Miller Co. v. GrussiSupreme Court of Connecticut · 1916
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