Thornton v. Stevenson

GRIFFIN, J. It is alleged in a verified complaint in this action to quiet title to the Snowflake Lode Mining Claim, also known as the “Lillian Queen,” that plaintiff has been the owner thereof and defendants claim and assert some interest therein ■ that on January 29, 1957, two of the defendants wrongfully and without the consent of plaintiff entered upon and took possession of said claim and constructed a gate across the only road thereto; that on February 5th, plaintiff went [533]on the claim and performed improvements in the nature of discovery work, but one named defendant, while armed, orally ordered plaintiff from the claim and threatened to kill him if he came back onto it; that upon demand of plaintiff, access was granted by defendants for the purpose of establishing monuments, which he did, and accomplished the location work required by law; that on February 23rd, plaintiff’s employees visited the claim and found the monuments they had erected were removed; that since then defendants refused to permit plaintiff to enter upon the claim and it was necessary for plaintiff to perform discovery work and to reestablish monuments thereon before July 26, 1957; that defendants filed false and fraudulent affidavits as to proof of prior assessment work and that defendants have no right, title and interest in the claim. The prayer was for an injunction restraining defendants from interfering with plaintiff’s exclusive possession, and to quiet title.

An order to show cause was served upon defendants as to why such temporary injunction should not issue. Defendants, after filing a general demurrer, filed their affidavits indicating that on August 12, 1952, they located the “Lillian Queen” Number 1 Lode claim, erected boundary and center monuments, placed a notice of location thereon, and recorded such notice on August 18, 1952, and performed all necessary location and assessment work to date; that plaintiff wrongfully entered upon such claim and removed defendants’ notice of location and replaced his notice in its place; that plaintiff later replaced defendants’ notice; that plaintiff’s claim is void; that defendants’ claim is valid; and that the only reason defendants allowed plaintiff to post his notice without right was because he was accompanied by an officer of the law.

Upon this showing the court originally, on April 23rd, 1957, granted the injunction conditioned upon the posting of a $500 bond. By subsequent order the court modified the terms of the injunction so as to permit both plaintiff and defendants to enter peaceably upon the claim in order to do any work necessary to perfect or maintain their claims thereto, and to enjoin either party from removing ore therefrom, pendente lite.