Talmadge v. St. John
California Supreme Court
The facts are stated in the opinion of the court. Charles L. Allison, Rolfe & Rolfe, and C. C. Haskell, for Appellants. The certificate of plaintiffs’ location is void, as not complying with the requirements of the act of 1897, in not referring to some additional monument besides the exterior boundaries, in order to identify the claim.
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The facts are stated in the opinion of the court. Charles L. Allison, Rolfe & Rolfe, and C. C. Haskell, for Appellants. The certificate of plaintiffs’ location is void, as not complying with the requirements of the act of 1897, in not referring to some additional monument besides the exterior boundaries, in order to identify the claim. (Stats. 1897, sec. 3, p. 215.) The object of the recording act is that the claim may be identified from the description contained in the record. The act must not be interpreted so as to defeat its purpose, by allowing any one of five hundred claims to cover the…
1Opinion of the CourtHenshaw, J.
This is an appeal by plaintiffs from an order of the court granting defendants’ motion for a new trial. The action was instituted by plaintiffs to recover possession of certain mineral land, for an injunction restraining defendants from extracting ores, and for damages. The following facts were disclosed without conflict in the evidence: On the tenth day of October, 1898, the defendant St. John and others, prospecting for precious metals upon the public domain of the United States, discovered gold bearing rock in place, and, with the purpose of appropriating the same, erected at the point of…
2Cases cited4 opinions
- North Noonday Mining Co. v. Orient Mining Co.United States Circuit Court · 1880
- Mount Diablo Mill & Mining Co. v. CallisonU.S. Circuit Court for the District of Nevada · 1879
- Carter v. BacigalupiCalifornia Supreme Court · 1890
- Newbill v. WhitfieldCalifornia Supreme Court · 1883
3Cited by5 opinions
- Brown v. MurphyCalifornia Court of Appeal · 1939
- Pease v. JohnsonCalifornia Court of Appeal · 1951
- Batt v. StedmanCalifornia Court of Appeal · 1918
- Judson v. HerringtonCalifornia Court of Appeal · 1942
- Campbell v. McIntyreCourt of Appeals for the Ninth Circuit · 1924