Quirk v. Falk

Citations

• 47 Cal. 453

Syllabus

<p>Sheeief’s' Deed.—A party who relies on a Sheriff’s deed, must offer in evidence not only the deed, hut the judgment and the execution, hy virtue of which the property was sold.</p> <p>Appdetehahces of a Menihg Claim,—If a mining company owns a mining daim, and buys a water ditch, “ and the water rights thereto appertaining,” this purchase does not, of itself, constitute the ditch and water rights appurtenances of the mining claim.</p> <p>Idem.—If there is a ditch leading out of a creek, and a mining company owns the ditch,- and also owns a mining claim, and uses a portion of the waters of the creek in working its claim, it does not follow that the ditch is an appurtenance of the mining claim.</p> <p>Pboof of What is ah Appubtehahce.—The one who asserts that a ditch and its water rights are appurtenant to a mining claim, has cast on him the burden of proving that such is the fact.</p> <p>Idem.—The party who buys a mining claim and its appurtenances, and who asserts that a ditch and its water rights passed to him by the conveyance, as appurtenances to the claim, must, in order to hold them as such, prove that they were appurtenances.</p>