Bishop v. Hayward Lumber & Investment Co.

PLUMMER, J.

The plaintiff had judgment in an action to quiet title to eleven quartz mining claims, known as “Beryl Mining Claims”, all located in the Red Rock mining district in the county of Kern, state of California. From this judgment the Hayward Lumber & Investment Company, a corporation, appeals.

The court found that the plaintiff was the owner of all of said mining claims, and entered judgment to the effect that her title thereto be quieted, and especially as against any claims of the Hayward Lumber & Investment Company.

At the trial of the action the Hayward Lumber & Investment Company relied upon the record of certain purported foreclosure proceedings, and in support of its defense to the action, introduced the entire record of said purported foreclosure proceedings.

It was admitted upon the trial that proper location notices of the mining claims referred to had been filed as required by law, and that the plaintiff was in possession thereof. This admission is sufficient to support the finding of the court that the plaintiff was in possession, and the owner of the property mentioned in the complaint, and entitled to a decree quieting her title thereto as against the appellant, unless the appellant had acquired title thereto by its purported foreclosure proceedings.

It appears that a man by the name of H. W. Hess had purchased from the appellant certain lumber and materials, and the appellant had furnished to and constructed upon certain premises purporting to belong to H. W. Hess certain buildings, for which there was still due on the- purchase price from said Hess the sum of $1157.17. The premises upon which the structures were erected were different from, and not the same premises claimed by the plaintiff on account of her min

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ing locations. Appellant, however, in its foreclosure proceedings purported to have foreclosure entered upon the premises belonging to the plaintiff, and to have proceeded with the issuance of an execution in support of its judgment of foreclosure, and also to have made sale thereof, and that a sheriff’s deed had been executed and delivered to the appellant conveying all the right, title and interest of the plaintiff in and to said mining claims.