Taylor v. Middleton

Citations

• 67 Cal. 656
• 8 P. 594
• 1885 Cal. LEXIS 720

Syllabus

<p>Mining Claim—Abandonment—Question fob Juey.—In an action of ejectment to recover a mining claim, it ia for the jury to determine whether a location which the evidence tends to show was made prior to that attempted by the plaintiff has been forfeited or abandoned.</p> <p>Id.—Location.—The marking of a mining location must be such that the boundaries of the claim can be readily traced, and whether or not the marking conforms to this requirement is a question for the jury.</p> <p>Id. — Constbuotion of Pleadings.—The construction of the pleadings is the duty of the court, and it is error to instruct the jury in such a manner as to leave it for them to determine whether or not the answer denies certain allegations of the complaint.</p> <p>Id.—Fact Admitted.—The ouster of the plaintiff being admitted by the answer, it is error to instruct the jury that the question of ouster is one of the issues to be tried by them.</p>