Dorsey v. Newcomer

Citations

• 121 Cal. 213
• 53 P. 557
• 1898 Cal. LEXIS 877

Syllabus

<p>Mining Partnership—Working of Mine ín Common—Partnership Property.—The partnership property of a mining partnership not formed by actual agreement, but by the actual working of a mining claim owned or acquired by two or more persons for the purpose of working the same, under section 2511 of the Civil Code, consists only ■of the mining ground so owned or acquired and actually worked, unless other property has been acquired by the partnership for the purpose of aiding in working it, such as a mill or millsite, or other mining property has been acquired by it for the purpose of working it with the mining ground already being worked, and so situated that it can be worked with the original claim as parts of one mine, or has been acquired with partnership funds.</p> <p>In.—Distinction in Code—Agreement for Work upon Contingency.— Section 2511 of the Civil Code, defining a mining partnership, distinguishes between mining ground owned or acquired for the purpose of working it, and such ground actually worked; and it is ■only the latter that in general can be regarded as partnership •property when not acquired by the partnership or with partnership funds. A mere agreement to work a mining claim in the future upon the happening of a contingency does not make it partnership property.</p> <p>In.—Action for Dissolution—Contradictory Findings—New Trial.— Where the court, in an action for the dissolution and settlement of a mining partnership, has made contradictory findings as to the actual working of more than one of the mines described in the complaint, by the partners, and it is not distinctly found that other mines worked by members of the partnership were worked by the partnership, a decree of sale of more than one of the mines must be reversed and a new trial ordered.</p> <p>Id.—Forfeiture of Mines—Findings Outside of Issues.—Where no allegations have been made, or issues formed as to the forfeiture of any of the mines described in the complaint, a finding as to such for