Legal Opinion

Melton v. Lambard

California Supreme Court

Decided July 1, 1876No. 4930PublishedCited by 3 opinions

Appeal from the District Court, Eleventh Judicial District, County of El Dorado. Ejectment to recover three-fourths undivided of a gold-bearing quartz mine, called the Earle Mine, in Mount Pleasant Mining District, county of El Dorado.

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Appeal from the District Court, Eleventh Judicial District, County of El Dorado. Ejectment to recover three-fourths undivided of a gold-bearing quartz mine, called the Earle Mine, in Mount Pleasant Mining District, county of El Dorado. The evidence showed that one Earle located the mine about the 6th day of June, 1874, and that, in August, he made a verbal sale to the plaintiffs of an undivided one-half of the mine, and to one Loughborrow a verbal sale of an undivided one-fourth, and that Loughborrow afterwards conveyed by instrument in writing to the plaintiffs. The plaintiffs and…

1Opinion of the Court

By the Court:

The plaintiffs claim title to an undivided interest in the Earle Mine, through a verbal sale made by Earle. A mine is real estate, and an interest therein, other than an estate at Avill, or for a term not exceeding one year, can be transferred only by operation of law or by an instrument in writing subscribed by the party disposing of the same, or by his agent thereunto authorized by Avriting. (Civil Code, Sec. 1091.)

The defendant was the owner of an undivided interest in the mining claim, and as such Avas entitled to the exclusive possession thereof, as against the…

2Cited by3 opinions

  1. Williams v. GibsonSupreme Court of Alabama · 1887
  2. Hirbour v. ReedingMontana Supreme Court · 1877
  3. Leishman v. Union Iron WorksCalifornia Supreme Court · 1905

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