Amador Gold Mine, Ltd. v. Amador Gold Mine

The plaintiff, an English corporation, brought this action against the defendant, a California corporation, for a forcible detainer (as defined by section 1160 of the Code of Civil Procedure) of a certain *347 tract of mineral land on which is a quartz lode, a sixty-stamp quartz mill, and other improvements, situate in the county of Amador.

The complaint consists of two counts—the first, under the second division of section 1160, alleging an unlawful entry upon said premises on July 14, 1893, in the absence of plaintiff, and a refusal to surrender possession for the period of five days after demand by plaintiff for such surrender; and the second, under the first division of said section, alleging that the defendants, by force and with strong hand and threats of violence, unlawfully holds and keeps possession of said land and appurtenances.

The answer of defendants to the first count denies that plaintiff was ever entitled to the possession of any part of the premises described in "the complaint, and denies that on July 14,1893, or at any time within five days previous thereto, plaintiff was in peaceable or actual possession or occupation of any part of said premises, as alleged…