Erikson v. Sullivan

BARNARD, P. J. The defendant owned what was known as the Golden Chariot Mine which was located in February, 1871, in an unsurveyed mountain area in San Diego County. The location notice described it as extending 100 feet on each side of a line running 500 feet northerly and 700 feet southerly from the discovery hole.

In October, 1940, the defendant leased this mine to the plaintiff with an option to purchase. This lease described the premises as Mining Lot No. 39 in the S. W. one-fourth of the N. E. one-fourth of a certain section 14, and known as the Golden Chariot Mine. In 1945, this description was changed to read Mining Lot 39 in the S. W. one-fourth of the S. E. one-fourth and the N. W. one-fourth of the S. E. one-fourth, of this section, and known as the Golden Chariot Mine.

Later, apparently in 1946, plaintiff brought, this action to recover certain moneys advanced in connection with this lease and option. The defendant filed an answer and eross-com[834]plaint for declaratory relief and unlawful detainer, alleging that the plaintiff had failed to comply with the lease agreement, that notice of cancellation had been given, and praying for restitution and possession of the premises, with certain damages. The plaintiff answered the cross-complaint denying that he had been given possession of all of the premises described in the lease, alleging that he had complied with the lease insofar as was possible, claiming that he was entitled to possession of the Golden Chariot claim, otherwise known as Lot 39, and praying that the cross-complainant take nothing. The plaintiff also filed an amended complaint alleging that the defendant had failed to deliver to him possession of any portion of the true location of the premises described in the lease, that he had paid certain delinquent taxes on the property, and praying for a declaration of his rights under the lease and option, for the amount of taxes paid, and for possession of the land described in the lease or in the alternative for damages. In an amended answer to the defendant’s cross-complaint the plaintiff prayed that it be adjudged that he was not in default on this lease and option and that the defendant has failed to give him possession of the Golden Chariot Mine, known as Lot 39.

After a six-day trial the court found that the Golden Chariot Mine was located prior to 1874; that in May,. 1874, the United States Surveyor General for California surveyed certain mining claims in this area and then made a map which was then known as a Mineral Survey Map; that this map showed the Golden Chariot Mine and Lot 39 as covering the same parcel and located said mine in what was later to be known as the N. W. one-fourth of the S. E. one-fourth of this section 14; that on December 31, 1874, the United States Government issued a patent to said mining claim to the defendant’s predecessor, describing the land substantially the same as that described in this mineral survey map; that in 1881, the United States Surveyor General made another survey in this locality and issued another map designating the Golden Chariot Mine, also known as Lot 39, as being in the S. W. one-fourth of the S. E. one-fourth of this section; that extensive mining operations were conducted on this mine between 1874 and 1940; and that some time prior to 1940, the defendant acquired title and possession to the Golden Chariot Mine and prior to 1940 erected six concrete monuments designating the boundaries of this mine as shown by said mineral survey map.