Crary v. Campbell

Citations

• 24 Cal. 634

Syllabus

<p>Sale of Mining Claim.—Where a mining claim is conveyed by a written bill of sale, the bill of sale is the best evidence of the transfer, and parol evidence of the conveyance is inadmissible.</p> <p>Parol Evidence of Sale.—Where a witness, in his direct examination, testifies to a sale of a mining claim, and on cross examination states that the sale was in writing, it is error for the Court to refuse, on motion, to strike out the parol evidence of the transfer.</p> <p>Joint Owners—Act of one Act of all.—If one of two joint owners of a flume used for mining purposes consents to and directs the opening of a water ditch above the flume, by means whereof the water from the ditch flows over and injures the flume, the other joint owner cannot recover damages for such injury.</p> <p>Evidence of Declaration of one Joint Owner.—If one of two joint owners of a flume used for mining purposes brings an action to recover damages for an injury to the joint property caused by opening a water ditch above the flume, it is error for the Court to reject evidence that the other joint owner gave his consent to having the ditch opened.</p>