United States Borax Co. v. Death Valley Borax Co.

Good Law
92 Cal. App. 724·268 P. 937
Court of Appeal of CaliforniaJune 25, 1928Docket No. 5802.California1,535 words

Opinion

Lead Opinion

York, J.

The question involved in this action is, which party is entitled to possession of the land in question. The appellant is a corporation and the respondents comprise a corporation and certain individuals who are stockholders and directors in the respondent corporation. The importance of the question of possession is caused by the fact that the party found to be entitled to the possession in this action will eventually obtain a United States mineral patent on the lode mining claims situated in Death Valley, known as Borax No. 1 and Borax No. 2 Lode Mining Claims in the judgment herein.

Not only does the transcript disclose the fact that the evidence was very voluminous (561 pages of bill of exceptions alone), but the findings of the court comprise 49 pages of the transcript. However, the only question, as we view it, that we are called upon to decide is, whether or not there was evidence sufficient to support all of the material findings of the trial court, as the findings of the trial court are undoubtedly sufficient to support the judgment. It appears to us that the argument of the appellant only shows that there was evidence sufficient for the trial court to have made different…

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