Rowe v. Bacigalluppi

Citations

• 21 Cal. 633

Syllabus

<p>A misjoinder of parties plaintiff must be objected to by demurrer or answer, and cannot in the absence of such objection be made a ground for nonsuiting such of the plaintiffs as show themselves entitled to recover.</p> <p>One tenant in common in a mining claim may, as against mere trespassers, recover in ejectment the entire claim.</p> <p>In an action brought by several plaintiffs to recover a mining claim the answer, without alleging any misjoinder, denied plaintiffs’ title and asserted an independent and better title in defendants, and the proofs showed that some of plaintiffs had no interest, and that others of them had a title superior to that of defendants as tenants in common with persons not made parties : Held, that those of plaintiffs thus showing title should recover of defendants the entire premises.</p>