Hughes v. Devlin
California Supreme Court
Appeal from the District Court, Mnth Judicial District, Shasta County. The complaint averred that plaintiff and defendant were, and for a long time had been, tenants in common, owners and holders of certain mining claims, and a water ditch (describing the same), and that the plaintiff was the owner and holder of the undivided two-thirds part, and the defendant of the undivided one-third part of said property.
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Appeal from the District Court, Mnth Judicial District, Shasta County. The complaint averred that plaintiff and defendant were, and for a long time had been, tenants in common, owners and holders of certain mining claims, and a water ditch (describing the same), and that the plaintiff was the owner and holder of the undivided two-thirds part, and the defendant of the undivided one-third part of said property. The complaint further averred, that plaintiff was desirous of having and demanded partition of said property, and every parcel thereof, according to the respective rights of the parties…
1Opinion of the CourtCrocker, J.
This is an action for a partition of a mining claim and water ditch connected therewith, the plaintiff claiming an undivided two-thirds, and the defendant the undivided one-third thereof. The two hundred and sixty-fourth section of the Practice Act provides that “ when several persons hold and are in possession of real property, as joint tenants, or as tenants in common, in which one or more of them have an estate of inheritance, or for life, or lives, or for years, an action may be brought by one or more of such persons for a partition thereof, according to the respective rights of the…
2Cases cited3 opinions
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
- Watts v. WhiteCalifornia Supreme Court · 1859
- Williams v. WaltonCalifornia Supreme Court · 1858
3Cited by18 opinions
- J. Bryant Kasey and Maryann Kasey v. Molybdenum Corporation of America, a CorporationCourt of Appeals for the Ninth Circuit · 1964
- White Star Mining Co. v. HultbergIllinois Supreme Court · 1906
- Schnitt v. McKellarSupreme Court of Arkansas · 1968
- Henderson v. ChesleyCourt of Appeals of Texas · 1925
- Hall v. VernonWest Virginia Supreme Court · 1899
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