Smith v. Cooley

Citations

• 65 Cal. 46
• 2 P. 880
• 1884 Cal. LEXIS 435

Syllabus

<p>Paethion—Mining Bight—Conveyance—Condition.—A grant of an undivided interest in a piece of mining ground expressly conditioned that no rights are conveyed, except a mining right upon the premises, vests in the vendee only the right of taking from the laud any minerals or ores contained in it to the extent of the interest granted. He does not by virtue of the conveyance become a coparcener, joint tenant, or tenant in common with the vendor in the land itself. His interest is not an estate which can be the subject of an action for partition.</p>