Morenhaut v. Wilson

Citations

• 52 Cal. 263
• 1877 Cal. LEXIS 95

Syllabus

<p>Abandonment of Mining Cladi—Intent.—Where a party was driven away from Ins mine by hostile Indians, left his tools in an adjacent mine, and did not return prior to a second location by another party, for the reason that he supposed the Indian hostilities continued, because of the required expenditure of money, and because he believed he had done sufficient work upon the mine to hold it—Held, that there was not that intent necessary to constitute abandonment.</p> <p>Fobfeitube must be Pleaded.—Forfeiture of a mining claim under local mining laws must be specially pleaded, and cannot be shown under the general issue.</p> <p>Tenant in Common of Mining Claim—Misjoindeb.—A tenant in common with other locators of a mining claim can maintain an action for the recovery of the land without joining his cotenants; and if he improperly join any other person, objection to the misjoinder must he taken in the answer. Judgment upon the Findings.—Judgment will not he ordered upon the findings where they do not furnish sufficient data from which to determine the. rights of the parties.</p>