Conde
Conde v. Sweeney
Opinion
Lead Opinion
Chipman, J.
This is an action to restrain the defendant from levying a writ of attachment. In their complaint the plaintiffs alleged ownership and possession of certain quartz mining claims, known as the Dreisam mines, “together with all the fixtures and all other machinery and tools used in working and developing said mines”; that on June 15, 1908, plaintiffs entered into a written agreement with the Parlin Gold Mining Company, whereby plaintiffs agreed to sell said mines to said company for a certain sum, which was to be paid on or before May 1, 1909; that for a consideration the time of payment was extended to September 1, 1909; that, about June 15, 1908, said company entered “in and upon said mines and proceeded to work and develop the same, and in the working and developing of said mines placed and used thereon certain electrical machinery,” being certain motors, lighting transformer and pump, fully described; “that by the terms of said agreement all machinery and tools used by the Parlin Gold Mining Company in the working and development of said mines became, have been and now are fixtures attached to said mines, and ever since said motors and electrical machinery have been placed upon…