Pralus v. Jefferson Gold & Silver Mining Co.

Citations

• 34 Cal. 558

Syllabus

<p>Mining Clam—Action XJnder Section 254 of Practice Act.—To maintain an • action to quiet title to mining claims on the public domain, under section two hundred and fifty-four of the Practice Act, the plaintiff must establish an actual or constructive possession in him at the time of commencing the action.</p> <p>Idem—Constructive Possession.—In such ease, constructive possession can only be established by the proof of three facts, to wit: First, that there were local mining customs, rules and regulations in force in the district embracing the claims ; second, that particular acts were required by such mining laws or customs to be peformed in the location and working of claims, as authorized by such laws ; and third, that plaintiff has substantially complied with these requirements.</p> <p>Idem—Complaint.—A complaint, in an action to quiet title under the two hundred and fifty-fourth section of the Practice Act, which fails to aver possession of the property in plaintiff at the commencement of the action, is demurrable.</p> <p>Practice—Correction of Findings.—When the findings of fact are defective, the remedy is by motion in the statutory mode, in the first instance, for their correction ; while, if made contrary to the evidence, the remedy is by specifying the erroneous findings on motion for a new trial.</p>