Kelly v. Taylor

Citations

• 23 Cal. 11
• 1863 Cal. LEXIS 176

Syllabus

<p>Where the location of a mining claim is made both by posting notices and by designating fixed objects such as trees, shafts, and ditches on or near its exterior boundaries, in an action between two companies involving the title to a portion of the ground witnesses are not confined in their testimony to a statement of the contents of the notices but may also state whether the location made included the ground in dispute.</p> <p>The same rules of law relating to estoppel in pais apply to mining ground as any other real estate claimed under a similar kind of title.</p>