Lockwood
Merced Mining Co. v. Lockwood
Opinion
Lead Opinion
Burke, J.
This is an action to quiet title, and prevent trespass, for which an injunction is asked, and brought against R. Lockwood, J. D. Hudgin, J. C. Fremont, et al. The plaintiff alleges in the complaint that it is an incorporated Company, organized for the purpose of quartz mining, and sets forth the charter, &c., and avers that soon after its organization “ it became, and still is, the owner and possessor ” of certain described real estate and veins of gold-bearing quartz, and sets forth the names and localities thereof. That plaintiff took possession in' May, 1851, when the said land, etc., “ was unclaimed by J. 0. Fremont, or any other person,” and have, from that time on, been working the same, and have expended in permanent improvements thereon upwards of $800,000. And that John Charles Fremont, in May, 1851, publicly and repeatedly disclaimed having any title thereto, whereby the plaintiff was induced to make valuable improvements on said land.
And-that defendants claim an estate and interest in said land and quartz veins adverse- to plaintiff’s title. That Fremont and Lockwood claim by deed from Alvarado to J,. 0, Fremont, which defendant falsely claims vested a legal title in…