Goller v. Fett
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. - The plaintiffs averred in their complaint that they were, on the 8th day of January, 1866, the owners of and in possession of seven twelfths, undivided; of a tract of mining claims at Forrest Hill, Placer County, known as the Uncle Sam Claims, and that defendants then ousted them therefrom.
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Appeal from the District Court, Fourteenth Judicial District, Placer County. - The plaintiffs averred in their complaint that they were, on the 8th day of January, 1866, the owners of and in possession of seven twelfths, undivided; of a tract of mining claims at Forrest Hill, Placer County, known as the Uncle Sam Claims, and that defendants then ousted them therefrom. The answer set up that the claim which the plaintiffs made to said seven twelfths was not of a joint but several interest therein, and that for said reason the plaintiffs were improperly joined as such in the action. On the…
1Opinion of the Court
By the Court, Shafter, J.:
The plaintiffs sue to recover the possession of certain mining ground, of which they claim to be the owners to the extent of seven twelfths. The allegations of the complaint are denied in the answer, and the defendants plead specially, title in defendant Fett and a misjoinder of parties plaintiff. The plaintiffs recovered a verdict at the trial, on which judgment was duly entered for seven twelfths of the premises undivided. The appeal is from the j udgment and from the order denying defendant’s motion for a new trial.
Both parties claim under Benfeldt—the defendant…
2Cases cited1 opinion
- Maye v. TappanCalifornia Supreme Court · 1863
3Cited by14 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Kahle v. Crown Oil Co.Indiana Supreme Court · 1913
- Parker v. Waycross & Florida RailroadSupreme Court of Georgia · 1889
- George W. Wright & Co. v. SkinnerSupreme Court of Florida · 1894
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