Lost Burros Gold Mining Co. v. Inyo County Bank

Good Law
1927 Cal. App. LEXIS 743·83 Cal. App. 679·257 P. 209
Court of Appeal of CaliforniaJune 9, 1927Docket No. 5214.California1,209 words

Opinion

Lead Opinion

Tyler, J.

Action to quiet title. The property involved ' consists of a group of quartz mining locations in Inyo County, this state, together with a milling and reduction plant situate thereon. The sole question at issue in the court below was whether the mine and mill were the corporate assets and property of plaintiff Lost Burros Gold Mining Company, or whether the same belonged to the Montana-Tonopah Mines Company, at the time defendant acquired the property under an execution sale. The trial court found in effect that the property was vested in the Montana Company, and it is here claimed that the findings are not supported by the evidence.

The record is somewhat voluminous. Briefly summarized, it shows that the Montana Company negotiated with one Frank Campbell of Inyo County for the purchase of an autotruck to be used in handling supplies for the Lost Burros mill at an agreed price. The sale was completed and Campbell drew two bills of exchange on the Montana Company for the purchase price, payable to the Inyo County Bank. On December 30, 1916, the Montana Company indorsed its acceptance on the bills, payable ninety days from date. The Inyo Bank discounted the paper. Subsequently the…

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