Smith v. Masonic Mines Assn.

The defendants appeal from a judgment quieting plaintiff's title to certain mining property. The plaintiff alleged ownership in fee of the property and that defendants claimed an interest therein adverse to him. *Page 173 The answer denied plaintiff's ownership and admitted that the defendants claimed an interest in the property. Defendants demurred to the complaint on the grounds that it does not state facts sufficient to constitute a cause of action and "that the same is uncertain in that it alleges ownership in fee, in plaintiff, and then bases title on a mining location made by one Ormand Smith." The complaint contains the usual allegations of an action to quiet title and the reference therein to the mining location by Smith is merely for the purpose of describing the property. Neither ground of demurrer, therefore, has merit. The property described in the complaint is known as the Snow Shoe mine or mining location. From the briefs it may be gathered that the defendants own the Chemung mine lying to the south of the Snow Shoe, the north end line of the Chemung coinciding with the south end line of the Snow Shoe. Neither party proved ownership and appellants contend that the…