Buchner v. Malloy

SLOSS, J.

The plaintiff commenced this action against the four defendants above named to quiet her title to an un

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divided six twenty-secondths of six mining claims in Siskiyou County. The complaint contained merely the usual allegations that plaintiff was the owner and entitled to the possession of the property, and that defendants, without right, claimed adversely to her. The defendants McDowell, Hendersee, and Fleming, disclaimed any interest except such as was held by McDowell under a contract of purchase made by him with Malloy. At the trial the court, on motion of plaintiff, ordered a dismissal as against these three defendants. Malloy answered, denying plaintiff’s title to any part of the claims, and alleging that he was the owner of the whole of said property, subject to the paramount title of the United States. From a judgment in favor of plaintiff, as well as an order denying a motion for a new trial, Malloy appeals.

The evidence shows that in an action brought in 1895 by F. Kuschel and A. 0. Yeager against Harry Hunter and others, a decree w'as made declaring that certain parties, including one John W. Pierpont and the defendant Malloy, were entitled to liens upon said claims for work done and materials furnished to the Siskiyou Mining Company, a corporation, then the owner of the claims. The decree ordered the sale of the premises to satisfy such liens. A sale was had, the sheriff’s return showing that the premises were struck off to H. J. Eldredge “on behalf of the lien-holders” for the sum of $989.11. The certificate of sale set forth a sale to H. J. Eldredge, and a sheriff’s deed to the purchaser followed in due course.

Both parties claim as successors to the title so sold and conveyed in the foreclosure proceedings. The plaintiff commenced an action in the justices’ court against John W. Pierpont, one of the successful lien claimants in the former suit, and in that action caused an attachment to be issued and levied upon Pierpont’s interest in the claims in question. She recovered judgment, and purchased Pierpont’s interest at execution sale, receiving the sheriff’s certificate and deed for such interest.

The defendant relied on, and introduced in evidence, two conveyances from H. J. Eldredge to himself, one a grant, bargain, and sale deed of sixteen twenty-secondths of said claims, and the other a quitclaim deed of all of Eldredge’s right, title, and interest therein.