Phenix Mill & Mining Co. v. Lawrence

Citations

• 55 Cal. 143

Syllabus

<p>Unlawful Entry—Possession—Color of Eight.—Actual possession is prima facie evidence of title in the possessor, and is protected by the law agaiust lawless invasion without right or color of right. An entry upon such possession cannot be made in good faith, unless it is made upon some right, or color of right, or claim of legal right, to make tho entry; and such claim . of right must exist before the entry to constitute good faith.</p> <p>Id.—Id.—Id.—Instructions.—In an action for unlawful entry, (under § 1160 Code Civ. Proc.) it appeared that the defendants entered upon t ho mining claim of tho plaintiff, under the claim that the plaintiff’s location was void, and with the purpose of themselves locating it; and the Court instructed the jury that if the defendants entered peaceably and in good faith, under claim, or color of title, or in good faith believing themselves to be tho true owners, they were entitled to a verdict; but that a party cannot enter for the purpose of obtaining title or color of right, but must have it before he entered; and refused to instruct the jury, at tho instance of the defendant, that if tho defendants entered upon the mines peaceably and in good faith, believing that they were open to location, then the entry was not unlawful. Held, that there was no error.</p> <p>Id.—Evidence—General Belief.—Held farther, that the Court properly ruled out tho following question: “Do you know what the general belief was with reference to those mines; as to-whether they were abandoned or not ? ”</p>