Holbrooke

Holbrooke v. Harrington

Good Law
1894 Cal. LEXIS 1187·4 Cal. Unrep. 554·36 P. 365
Supreme Court of CaliforniaMarch 28, 1894No. 18,198California438 words

Opinion

Lead Opinion

Vanclief, J.

Action for partition of a tract of placer mineral land containing about twenty-five and one-half acres, situate in Nevada county, in which the plaintiff and defendant are tenants in common, in equal portions, and for an accounting as to expenditures by plaintiff upon and for the benefit of the land, in excess of her share. It appears that prior to the year 1883 the land was owned and mined in equal shares by defendant and the husband of plaintiff, Daniel P. Holbrooke; that upon the death of Daniel P. Holbrooke, in 1883, his share and interest in the land descended to plaintiff, as his only heir, and was afterward distributed to her by the probate court. And there is no question that she and defendant have been tenants in common, as aforesaid, since the death of her husband, though the defendant denied that they were ever part *555 ners in the working or mining of the land; nor does it appear that defendant opposed a partition. The only questions presented here relate to the accounting. The court found that it was impracticable to partition the land by metes and bounds, and therefore ordered a sale thereof. ' The court found that plaintiff had expended “in acquiring the title to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.