Packer

Packer v. Doray

Good Law
1893 Cal. LEXIS 1135·4 Cal. Unrep. 297·34 P. 628
Supreme Court of CaliforniaOctober 14, 1893No. 18,105California899 words

Opinion

Lead Opinion

This is an action to quiet the plaintiffs.’ title to certain tailing mining claims, called the “Alturas Company’s Mining Claims,” situate in Slate creek, and partly in Sierra county and partly in Plumas county. The claims described extend up and down the creek about twenty-six thousand feet and contain an area of about one hundred and twelve acres. The defendants deny that the plaintiffs are, or *298 ever were, the owners or in possession of that portion of the claims described, commencing at the upper end thereof, and extending down the creek about ten thousand feet; and they allege that as to such portion of the claims they are, and were at the time of the commencement of the action, and long prior thereto, the owners, and in possession thereof; and, as to the balance of the claims described in the complaint, they disclaim having or claiming any estate or interest in or to the same. The case was tried by the court and the findings were that neither the plaintiffs, nor either of them, nor their grantors or predecessors, ever owned or possessed, or were entitled to the possession of, the mining ground described in the answers of defendants, and that at the time of the commencement…

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