Michell

This is ah appeal from the judgment for the plaintiffs in an action in rescission.

In and prior to July, 1922, the plaintiffs W. P. Michell and W. J. Michell owned the record title to 108 acres of land in Grass Valley, Nevada County. The plaintiff Nellie Michell is the wife of the plaintiff P. W. Michell, and as such joined in a deed which conveyed certain mineral rights in the real property to the defendant. These mineral rights are claimed by the plaintiffs to be very valuable. Contiguous to plaintiffs’ land or with each other are nine other parcels of land varying in size from 3.60 to 43 acres, which were owned by various persons or corporations, all of which also are alleged to contain valuable mineral deposits. The total surface area of all of this mining property is about 268 acres.

During a number of years prior to July, 1922, a mining engineer by the name of Roy J. King had been interested in promoting the development of these mining properties and at different times had purchased options on some of the parcels in an endeavor to interest capital in the enterprise. But moneyed interests did not consider any proposition attractive until King had obtained the consent of all…