Melton v. Lambard
Synopsis
Vebbab S411E 05? Beal Estate.—A gold mine is real estate, and an interest therein, other than an estate at will or for a term not exceeding one year, can be transferred only by an instrument in writing. A verbal sale is not good.
Possession of Bhab Estate.—The owner of an undivided interest in a mine is entitled to the possession of the whole mine, as against one who has not title to any portion of the mine.
By the Court: The plaintiffs claim title to an undivided interest in the Earle Mine, through a verbal sale made by Earle. A mine is real estate, and an interest therein, other than an estate at Avill, or for a term not exceeding one year, can be transferred only by operation of law or by an instrument in writing subscribed by the party disposing of the same, or by his agent thereunto authorized by Avriting. (Civil Code, Sec. 1091.)
The defendant was the owner of an undivided interest in the mining claim, and as such Avas entitled to the exclusive possession thereof, as against the plaintiffs—they not having shown any title in themselves.
Judgment affirmed.
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