Evalina Gold Mining Co. v. Yosemite Gold Mining & Milling Co.

This is an action to quiet the title to a certain mining claim known as the Slap Jack mine, situated in Tuolumne county. The original complaint was filed in 1899 and its object was to quiet the title of all the alleged owners as against the adverse claims of one R. S. McWhirter. The case, in some of its phases, has been twice before the supreme court, once before this court and once before the United States supreme court on writ of error. (Emerson v. McWhirter, 153 Cal. 510 , [ 65 Pac. 1036 ] ; Emerson v. Yosemite Gold Mining etc. Co., 149 Cal. 50 , [ 85 Pac. 122 ]; Wemple v. Yosemite Gold Mining Co., 4 Cal. App. 78 , [ 87 Pac. 280 ]; Yosemite G. M. & M. Co. v. Emerson, 208 U. S. 31 , [28 Sup. Ct. Rep. 196, 52 L. Ed. 374 ].) At the first trial E. L. Emerson, Mrs. A. L. Emerson, F. F. Britton and Jacob Miller (predecessors in estate of plaintiff) and Harry Argali and F. L. Argali (predecessors in estate of defendant, Yosemite Gold Mining and Milling Company) were owners of the said mine, the former group owning eleven-twentieths and the Argalis nine-twentieths. The result of prior liti gation, as found by the court (finding 5), settled “all questions involved in this case, except…