Whealton

Appellee sued to quiet its title to mining claims in Lyon County, Nevada and to cancel a contract with defendant (appellant) relating to the claims. After a trial to the court without a jury appellee was adjudged to be the owner of the property, but relief *676 by way of cancellation was denied. The defendant appealed.

The suit involved twelve lode claims, of which nine are patented and three un-patented. Appellant complains of the decree only in respect of the unpatented ground, title to which he asserts is in himself. All the claims originally belonged to two individuals who transferred them, about the year 1902, to the Pine Grove Gold Mining Company, a' corporation organized under the laws of Nevada. This concern will be referred to as the Nevada corporation. In 1910, apparently as a matter of convenience, appellee was organized under the laws of California and the claims were transferred to it by its predecessor, the Nevada corporation. It will be noted that the two corporations had almost identical names, the only difference being that appellee’s name includes the word “Nevada”.

After the conveyance of the property the Nevada corporation was abandoned and its charter…