California Mother Lode Mining Co. v. Page

ANGELLOTTI, J.

This is an appeal upon the judgment-roll alone by plaintiff from a judgment in favor of defendants.

The action was one to quiet plaintiff’s title to a certain mining claim known as the Eagle Quartz Mine and to enjoin defendants from taking valuable minerals therefrom. The complaint alleged that plaintiff was the owner of such claim, attempting to more particularly describe it, but the description, except for the name of the claim, was somewhat indefinite. It, was alleged that defendants claimed an interest therein adverse to plaintiff, that defendants were mining the same and had extracted valuable minerals therefrom, and were threatening to continue to so do, and that they were in possession of a part thereof in the southeastern portion, consisting of about three acres. Defendants answered, denying that plaintiff was the owner of all or any part of the property referred to in the complaint, denying that they had no interest therein, and denying that they had trespassed on plaintiff’s claim. They based their claim of title on a certain mining location known as the “Last Chance Mining Claim,” and

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admittéd that they were conducting mining operations upon such land claimed by plaintiff as was within the limits of said Last Chance Mining Claim.

The cause was tried upon the issues joined. The trial court found that plaintiff is the owner and entitled to the possession of the claim known as the “Eagle Quartz Mining Claim,” particularly and definitely describing it. It further found . that plaintiff is not the owner or entitled to the possession of any other land described or attempted to be described in its complaint; that none of the defendants had ever claimed any estate or interest in the property so described in the findings and constituting the Eagle Quartz Mining Claim, and that none of them has any estate or interest therein or any part thereof; that none of said defendants has ever entered upon said land or any part thereof; or taken any mineral therefrom, or ever threatened so to- do; and that all of their mining operations complained of by plaintiff have been upon land not included in said Eagle Quartz Mining Claim, but which is a part of their own Last Chance Quartz Claim, which adjoins the Eagle Quartz Claim.