Jones

Jones v. Peck

Good Law
1923 Cal. App. LEXIS 380·63 Cal. App. 397·218 P. 1030
Court of Appeal of CaliforniaAugust 4, 1923Civ. No. 4196.California3,689 words

Opinion

Lead Opinion

Finlayson, J.

This is an action to recover the possession of mining properties, and to enjoin the defendants from removing certain improvements, fixtures, and machinery. Judgment passed for the plaintiffs other than Berry and Rives. The appeal is by the defendants, C. B. Conlin and E. C. Eddie.

The complaint alleges the following facts: On March 4, 1916, the Bagdad Mining & Milling Company, a California corporation (hereafter, for brevity, referred to as the Bag-dad Company), was the owner of the Bagdad mine, in San Bernardino County, consisting of a contiguous group of ten mining locations situated about seven miles northeasterly from the Bagdad station of the Santa Fe railroad, together with a mill site known as the John Denair mill site. On that date the corporation forfeited its charter for nonpayment of its license tax. The plaintiffs, Jones, Morgan, Chester, and Grill, and the defendant Standley were the directors in office at the time of the forfeiture of the corporation’s charter. Ever since that date the persons who were the then stockholders of the Bagdad Company have been, and are now, the owners of the ten mining locations and of the mill site. Upon the premises are certain…

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