Holbrooke v. Harrington

Citations

• 4 Cal. Unrep. 554
• 36 P. 365
• 1894 Cal. LEXIS 1187

Syllabus

<p>Mining Claims—Tenants in Common—Contribution.—One tenant in common of a mining claim is bound to contribute bis proportion of the value of the yearly work required to be done thereon to perfect title, and performed by his cotenant, unless he abandons his interest in the unpatented claim, or offers to perform the work.</p> <p>Mining Claim.—Where, in Partition by One Tenant in Common of a mining claim, on an accounting for money spent upon the land in excess of her share, no personal judgment is rendered against the other tenant, but the property is ordered to be sold, plaintiff should be allowed the full amount of the sums properly paid out, instead of only one-half, before the residue is divided.</p> <p>Mining Claim—Partition.—Where, in Such an Action, the amount allowed is less than plaintiff is entitled to, being for one-half the amount paid out, error in allowing improper credits is harmless.</p>