Smith v. Maine Boys Tunnel Co.
California Supreme Court
Appeal from the Fifth District. Plaintiff sues to recover an interest in a mining claim, alleging ownership since 1855, and an expenditure of $1,200 in working and carrying on the same; that defendants are in the exclusive possession, etc., and prays that the right to said interest be determined and he have restitution.
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Appeal from the Fifth District. Plaintiff sues to recover an interest in a mining claim, alleging ownership since 1855, and an expenditure of $1,200 in working and carrying on the same; that defendants are in the exclusive possession, etc., and prays that the right to said interest be determined and he have restitution. The answer denies that plaintiff was the owner of the interest set forth at the time of the commencement of the suit, or that he was or is entitled to the possession. Denies that at the commencement of the suit defendants were in possession of the claim or interest, or have…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
The plaintiff has mistaken his remedy. If his stock has been improperly sold, he m'ay maintain an action for its recovery, but he cannot sue the corporation for a specific interest in the corporate property. It appears that he was one of the original corporators, and that the property in question has been held as corporate property from the time the corporation was formed. Under these circumstances he should not, we think, be permitted to question the title of the corporation, particularly as the property is a mining claim and could only be held by occupation and…
2Cited by1 opinion
- Lawlor v. LinforthCalifornia Supreme Court · 1887