Patterson v. Keystone Mining Co.
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, Calaveras County. In the month of August, 1860, Wm. L. Callahan, with nineteen others, located a copper vein or lode in Calaveras County, and named it the Keystone Claim. Callahan, at the time of the location, owned one undivided one twentieth of the mine.
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Appeal from the District Court, Eleventh Judicial District, Calaveras County. In the month of August, 1860, Wm. L. Callahan, with nineteen others, located a copper vein or lode in Calaveras County, and named it the Keystone Claim. Callahan, at the time of the location, owned one undivided one twentieth of the mine. On the 27th of November, 1860, the Keystone Mining Company was incorporated, and for some four weeks before the act of incorporation, Ambrose Blatchly had claimed to own and represent Callahan’s interest, and became one of the corporators, and received certificates of stock for the…
1Opinion of the Court
By the Court, Sanderson, J.:
I. It is settled that prior to the passage of the Act of the 13th of April, (Stat. 1860, p. 175), title to a mining claim would pass by a verbal sale, if accompanied by an actual transfer of the possession. This doctrine was first suggested in Jackson v. The Feather River Water Company, 14 Cal. 18, and formally announced in Table Mountain Tunnel Company v. Stranahan, 20 Cal. 198. It was subsequently affirmed in Gatewood v. McLaughlin, 23 Cal. 178, and in the present case when here on a former appeal (23 Cal. 575.) In the case of The Copper Hill Mining Company v.…
2Cases cited7 opinions
- Green v. PalmerCalifornia Supreme Court · 1860
- Jackson v. Feather River & Gibsonville Water Co.California Supreme Court · 1859
- Table Mountain Tunnel Co. v. StranahanCalifornia Supreme Court · 1862
- Crary v. CampbellCalifornia Supreme Court · 1864
- Copper Hill Mining Co. v. SpencerCalifornia Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bruck v. TuckerCalifornia Supreme Court · 1871
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Terpening v. HoltonSupreme Court of Colorado · 1886
- King v. RandlettCalifornia Supreme Court · 1867
- Cascaden v. DunbarDistrict Court, D. Alaska · 1905
4 more not listed; retrieve them via the Exa API.