McCarron v. O'Connell

Citations

• 7 Cal. 152

Syllabus

<p>Possession in the plaintiff is sufficient to enable him to maintain trespass; and although a higher title may be attempted to be set up, the failure to sustain it will not operate against the right to recover damages.</p> <p>A bill of sale, not under seal, is insufficient to convey a mining claim.</p> <p>Where several defendants are declared against jointly, but no joint trespass is proved, the plaintiff can introduce evidence of a several trespass against one of the defendants, and recover against such defendant.</p> <p>Aliter, if a joint trespass has been proved.</p>