English v. Johnson
California Supreme Court
Appeal from the Sixteenth District. Suit for the possession of a piece of mining ground—there being five defendants. The complaint avers ownership and former possession in plaintiffs, and ouster of a portion of the claims by defendants ; and contains allegations for an injunction, which need not be stated.
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Appeal from the Sixteenth District. Suit for the possession of a piece of mining ground—there being five defendants. The complaint avers ownership and former possession in plaintiffs, and ouster of a portion of the claims by defendants ; and contains allegations for an injunction, which need not be stated. It also avers that the mining ground “ was located, and the possession thereof acquired by those under whom plaintiffs claim said ground, on or about the twentieth day of November, 1857.” The description of the ground is as follows: “ That piece or parcel of mining ground situate, lying,…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
The main question in this case arises upon the instructions given by the Court upon the trial. The case was brought to recover certain mining claims. The Court charged the jury, in effect, that possession taken, without reference to mining rules, of a mining claim was sufficient, as against one entering by no better title, to maintain the action ; and further, that this possession need not be evidenced by actual inclosures, but “ if the ground was included within distinct, visible and notorious. boundaries, and if the plaintiffs were working a portion of the ground…
2Cases cited1 opinion
- Coryell v. CainCalifornia Supreme Court · 1860
3Cited by27 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Lux v. HagginCalifornia Supreme Court · 1886
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
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