Blodgett v. Potosi Gold & Silver Mining Co.

Citations

• 34 Cal. 227

Syllabus

<p>Mining- Claims—Conveyance of, Without Deed.—Where, by the usages and customs existing in the Territory of Utah, (now State of Nevada,) interests in mining claims situated therein, which had been acquired by location, in accordance with the local customs and usages which then and there prevailed, could be sold and convej’ed by delivery of pessession without deed or other instrument in writing; and where the ancestor, from whom the plaintiff took by descent certain undivided interests in such a mine, in his lifetime, in common with the other owners, so sold and conveyed said interests to a corporation formed under the laws of the State of California, by an association consisting of said ancestor and the other owners of said mine, which sale was in trust for the members of said association and their legal representatives, which conveyance was duly accepted by said corporation : held, that thereby said corporation acquired the title of said ancestor to said inine, and that said trust was enforceable by plaintiffs against said corporation.</p>