Rasmussen v. Sullivan

MARKS, J.

Appellant brought this action in the court below to eject respondents from several mining claims which we will hereafter refer to as the Anaconda Group and which are located near Twenty-nine Palms in San Bernardino County, California. Findings of the trial court were made against the right of possession of appellant and judgment was entered for respondents, from which this appeal was taken.

The Anaconda Gold Mining Company was a California corporation. In the years 1921 and 1922 it received quitclaim deeds to the several claims comprising the Anaconda Group from persons who were presumably the locators or in possession. In February, 1928, and before the commencement of this action, the Anaconda Gold Mining Company by quitclaim deed conveyed to appellant whatever interest it had in the Anaconda Group. Respondents located the claims in their own right after 12 o’clock noon on July 1, 1927.

Appellant urges a number of grounds for a reversal of the judgment. It will not be necessary to consider them separately because it is evident that his real contention is that the evidence fails to support the findings and judgment for the reason that, as he maintains, the locations of the claims were made by respondents before the hour of 12 o’clock noon on July 1, 1927, and before the lawful possession of the claims of appellant’s predecessor in interest had expired, thereby making respondents’ entry unlawful.

[541]

The evidence offered by appellant shows that he, acting for the Anaconda Gold Mining Company, did a small amount of assessment work on the claims in May, 1927. On June 29th of that year he purchased a second-hand automobile in Los Angeles, a wheelbarrow, candles, picks, shovels, and some food to take to the claims with which to do the necessary assessment work. He hired M. C. Lande to drive the automobile to the claims and to perform the actual work. The two left Los Angeles on the morning of June 30th, but had motor troubles not uncommonly encountered by the operators of old used cars. They did not reach their destination until between 3 and 4 o’clock in the afternoon of July 1, 1927. The tools and supplies were not unloaded from the automobile, but were returned unused to Los Angeles on the following day.

Undisputed evidence shows that respondents worked for the Anaconda Gold Mining Company prior to the year in question and did assessment work on the claims. The company failed to pay them for this work and owed them the sum of $312 therefor. As they could not collect their money they evidently decided to locate the claims for themselves if the necessary assessment work was not done before noon on July 1, 1927.