Downing v. Rademacher

Citations

• 6 Cal. Unrep. 582
• 62 P. 1055
• 1900 Cal. LEXIS 1107

Syllabus

<p>Mines and Minerals—Quieting Title.—An Amended Complaint in an action to quiet title to an interest in a certain mining claim was filed several months after the filing of the original complaint, and alleged that plaintiff then was, and at all times therein mentioned had been, the owner of such interest, there being no other time mentioned in the pleadings., and no demurrer thereto. There was a finding that defendant conveyed the interest by deed of a date prior to the filing of the original complaint, and that plaintiff practiced no fraud in obtaining such deed, which finding was not questioned on appeal. Held, that the finding sustained an averment of ownership prior to the time the complaints were filed.</p> <p>Mines and Minerals.—Action was Brought to Quiet Title to an Undivided, two-thirds interest in a certain mine, the claim being founded on a contract whereby plaintiff was to have such interest, and was to deliver one-third of the output to defendants. The decree adjudged plaintiff the owner in fee of a thirty-two sixtieths interest, and that defendants had no title thereto, and enjoined the latter from setting up any claim to such interest adverse to plaintiff, similar provisions being decreed as to the interests of defendants. Held, that the decree did not cut off defendants from claiming one-third of the minerals under the contract, since the interests as adjudged were undivided, the owners becoming tenants thereof in common.</p> <p>Mines and Mining—Cancellation of Deed.—Where an Undivided Interest in a mining claim is conveyed in consideration of the grantee’s agreement to work the mine and deliver one-third of the minerals to defendant, and do certain other acts in the future, their performance not being made a condition subsequent, a mere failure to perform on the part of the grantee does not constitute a failure of consideration, so as to warrant cancellation of the deed.</p> <p>Mines and Minerals.—Where an Action is Brought to Quiet Title to an Undi