Kent v. Snyder

By the Court, Currey, C. J.: On the 21st of February, 1863, Charles Hebrard, T. Hebrard, Joseph Brockman, Morris Kent, Jean Gellinot and Claude Pralus were in possession of a certain quartz ledge or lode in Brown’s Valley, in Yuba County, and a quartz mill, and certain personal property therewith connected, claiming the same as miners, by virtue of a location made of the premises, as is usual in such casesand on the day above mentioned the four first named persons 'executed a deed absolute in form, purporting to convey all their right, title, interest and estate in and to the property to Daniel Frazier, for the consideration of one thousand three hundred and fifty-five dollars. Two of these grantors, Kent and T. Hebrard, by their complaint allege that, at the time "the deed was executed, the owners of [669]the quartz ledge and mill were in debt in said sum, and desiring to increase the yield of gold from their mine they determined to work the same by improved machinery; and for the purpose of carrying out their intention, and also for the purpose of providing for the payment of the debt they owed, they conveyed by deed to the defendant Snyder their right, title and interest in and to said property, and delivered possession of the same to him. The plaintiffs aver that the conveyance was, at the time of its execution and delivery, understood and intended by and between the parties thereto to be upon the following conditions and trusts: that is to say, that said Snyder should take possession and diligently work the mine, and out of the proceeds thereof should provide for and pay off the debt of one thousand three hundred and fifty dollars, and should also, as soon as possible and within a reasonable time after that date, at his own costs and expense, construct and put upon the mining claim improved machinery and works for extracting gold from the mine more extensive than the machinery and works then used at the mine, and that, at the expiration of such time, he should reconvey to the grantors named in the conveyance to him one undivided half of the same mining claim with the improvements thereon, together with the appurtenances thereunto belonging. The plaintiffs then aver that the defendant Snyder, falsely ¡pretending that he cDuld better execute said trusts in the name of another than in his own name, fraudulently caused said conveyance to be made to him in the name of his partner in trade—the said Frazier—over whose mind and actions said Snyder had and exercised undue power and entire control, and that under these circumstances the deed of conveyance was executed and delivered to Snyder, in the name of Daniel Frazier; that Snyder, on the day of the execution of the deed, took possession of the premises and property under and by virtue thereof, and held possession of the same until the 17th of September, 1863, during which time he took from the mine gold to the value of eighty thousand dollars.