San Domingo Gold Mining Co. v. Grand Pacific Gold Mining Co.

Good Law
10 Cal. App. 415·1909 Cal. App. LEXIS 219·102 P. 548
Court of Appeal of CaliforniaApril 21, 1909Civ. No. 570.California2,567 words

Opinion

Lead Opinion

Burnett, J.

The action was begun June 22, 1904, for the purpose of enjoining defendants from mining upon or removing ore from two certain placer mining claims, known as the “Bully Boy” and the “Buckeye.”

The defendants disclaimed any interest in the latter, but asserted title to the former claim consisting of about seventy acres and the question in dispute is as to the ownership of this “Bully Boy” claim. Plaintiff relies upon title by mesne conveyances from the patentees and also by prescription.

The deeds received in evidence seem to connect plaintiff with the original source of title. The conveyance, however, from .one W. A. Keefer to the Jupiter Gravel Mining and Water Electric Power Company, dated November 21, 1896, must be disregarded, as it is admitted that the said Keefer was adjudged a bankrupt in 1887. But, as pointed out by respondent, this deed is not a necessary link in plaintiff’s chain of title, for the corporation known as the Jupiter Deep Blue Gravel Hydraulic Mining Company acquired the title on November 4, 1879, and did not purport to convey it to Keefer until June 14, 1884. On April 9, 1883, an attachment was issued in the case of Manuel v. Jupiter Deep Blue Gravel…

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