Du Prat v. James
California Supreme Court
Appeal from, a judgment of the Superior Court qf Tuolumne County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMyrick, J.
This is an action to recover possession of a mining claim in Tuolumne County. The action was commenced in April, 1881, by J. J. Du Prat as plaintiff; he having died after the judgment in the court below, his executrix was substituted. For convenience, the deceased is herein spoken of as plaintiff.
The judgment was in favor of defendants. On this appedi, on behalf of plaintiff, points are made as follows: —
First—Defendants having entered on an actual possession of plaintiff, their entry can give them no right as against him.
The facts in this regard, as found by the court, are substantially as…
2Cases cited2 opinions
- Ellers v. BoatmanUtah Supreme Court · 1881
- Weese v. BarkerSupreme Court of Colorado · 1883
3Cited by14 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Bishop v. BaisleyOregon Supreme Court · 1895
- Lockhart v. RollinsIdaho Supreme Court · 1889
- Garthe v. HartCalifornia Supreme Court · 1887
- Souter v. MaguireCalifornia Supreme Court · 1889
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