Donahue v. Meister

Citations

• 88 Cal. 121
• 25 P. 1096
• 1891 Cal. LEXIS 659

Syllabus

<p>Quieting Title — Defense — Ejectment — Jury Trial. — In an action to determine an adverse claim to real estate under section 738 of the Code of Civil Procedure, where the pleadings show that the plaintiff is in possession, and the answer sets up as a defense a cause of action in ejectment, averring that defendant was rightfully in possession and was ousted by the plaintiff before the commencement of the action, and that the plaintiff wrongfully withholds the possession from the defendant, the defendant is entitled to a jury trial upon those issues.</p> <p>Id.—Equitable Action—Jury Trial of Legal Issue—Inversion of Parties. — The right to a jury trial of legal issues cannot he avoided by calling an action equitable; nor can the plaintiff, by bringing an equitable action, deprive the defendant of a jury trial, to which he would have been entitled if the parties had been inverted, and the defendant had sued the plaintiff.</p> <p>Mining Claims — Location — Custom of Miners — Posting Notice — Protection from Weather. — An original notice of location of a mining claim, written on one side of a sheet of paper, which was folded, with the writing inside, and placed upon the lode line, in a mound of rooks three feet high, under two flat rocks, so that about three fourths of an inch of the margin of the paper was exposed to view, and so placed, not for the purpose of concealing it, hut in good faith, to protect it from the weather, is sufficiently posted to comply substantially with a custom of miners that “the notice should be posted in a conspicuous place upon the claim located, at or near the lode line of said claim,” it appearing that other devices were resorted to by miners to protect the notices from the weather, such as covering it with glass, or folding it in a box and placing the box in a conspicuous place.</p> <p>Id. — Object of Notice— Temporary Protection — Marking of Boundaries. — The chief value of the notice of location of a mining claim is as temporary prote