Wiseman v. McNulty

Citations

• 25 Cal. 230

Syllabus

<p>Constable’s Sale of Property of Tenants in Common.—If several persons are the owners of a tract of mining claims as tenants in common, and are known by a company name, and an action is commenced against all of them as individuals composing the company on a money demand, and a judgment is rendered against all as the persons composing the company, and the claims are sold by virtue of an execution issued on the judgment, and a deed executed to the purchaser, and if one or more of the defendants were not served with process and did not appear in the action, the purchaser does not acquire any title as against the persons not served with process and who did not appear.</p> <p>Constable’s Deed.—A Sheriff or constable’s deed, executed under an execution sale which does not recite the judgment on which the execution was issued, is void.</p> <p>Verdict where several Defenses are Pleaded.—Where several defenses are pleaded, either of which is good in law, and the verdict is for the defendants, and the Court errs in its instructions to the jury as to one of the defenses, the judgment will he reversed, unless it is made to appear that the verdict was rendered on one of the defenses in relation to which no error was committed.</p> <p>Forfeiture of a Mining Claim.—Where a forfeiture of an interest in a mining claim for non-payment of assessments is claimed under an agreement entered into by all the tenants in common owning the same, the parties claiming the benefit of the forfeiture must show an exact compliance on their part with all the conditions in the agreement, or they will not be entitled to the forfeiture.</p> <p>Forfeiture.—In order to have a forfeiture take place, there must he some person, natural or artificial, who is entitled to receive the benefit of the forfeiture when it accrues.</p> <p>Forfeiture—Tenants in Common.—Several persons owning a tract of mining claims as tenants in common, and acting under a company name, have not the capacity to take or hold, in the