Smith v. Idaho Quartz Mining Co. (1886) · DecisionDepot

Smith v. Idaho Quartz Mining Co.

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Aug 12, 1886 No. No. 11,425Published

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Holding. The court held that the plaintiff failed to establish ownership or interest in the premises or the timber, as the wood was cut by parties possessing the land under an adverse claim of title.

Issues

Whether the evidence supported the finding that the plaintiff lacked ownership or interest in the premises and timber.
Whether the alleged errors regarding other matters were material given the plaintiff's lack of ownership.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the court was justified by the evidence in finding that the plaintiff was not the owner of the premises upon which the wood and timber had been cut”

“the wood was cut by parties in the possession of the premises under a claim of title adverse to plaintiff.”

Synopsis

Trespass.—Findings Held Justified by the evidence.

By the COURT. The court was justified by the evidence in finding that the plaintiff was not the owner of the premises upon which the wood and timber had been cut, and had no interest in the premises other than as security, and that he was not the owner of the wood and timber, and that the wood was cut by parties in the possession of the premises under a claim of title adverse to plaintiff. Under such circumstances, the alleged errors as to other matters are immaterial. Judgment affirmed.

Smith v. Idaho Quartz Mining Co.

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