Siedletz v. Griffith

CURTIS, J. This is an appeal on the judgment roll from a decree quieting title in the defendant Myrtle Griffith to two placer mining claims in Sierra County.

Count one of the complaint alleges that plaintiff is the owner of the “Gold Blossom” quartz mining claim and that defendants claim some interest therein. In a second count it is alleged that the defendants, without plaintiff’s consent, entered upon and took possession of the claim and extracted minerals of the value of $10,000. By a third count it is asserted that defendants leased the claim from plaintiff but breached the lease and thus forfeited certain improvements, tools and machinery. The prayer of the complaint asks for a decree quieting title in plaintiff to the “Gold Blossom” claim and machinery, and for damages in the sum of $10,000 as the value of the minerals extracted from the claim.

The defendants denied the allegations of the complaint and cross-complained. It is admitted that defendants entered into a lease of the mining claim, but it is alleged that the lease was made as a result of false and fraudulent representations made by the plaintiff that she was the owner of said claim, when, in fact, she was not, and that therefore the lease was void. It is further alleged that on July 1, 1925, the mining claim was sold and conveyed to the State of California for delinquent taxes, and that defendants never entered upon or extracted quartz from the mining property claimed by the plaintiff, but, upon the contrary, they allege that they are the [229]owners of two placer mining claims in that vicinity known as “Lady Esther” and “Bonnie Brae.” The answer and cross-complaint ask for a decree quieting title in defendants to said placer mining claims, and that plaintiff be determined to have no right, title or interest'therein. The answer to the cross-complaint alleges that defendants’ placer mining claims were wrongfully located and recorded over and upon the plaintiff’s “Golden Blossom” quartz claim.

This appeal being on the judgment roll alone, the only question before this court is whether the judgment is supported by the findings.

After oral and documentary evidence was introduced by all parties, the trial court made the following findings of fact:

“1. That on July 1st, 1931, William G. Dean, was, and had been since August 28th, 1925, the admitted trustee and agent of Sierra Syndicate, a common law trust.