Yarwood v. Johnson

Citations

• 29 Wash. 643
• 70 P. 123
• 1902 Wash. LEXIS 624

Syllabus

<p>EQUITABLE ACTION'S PLEADING — BELIEF UNDER FACTS ALLEGED.</p> <p>Plaintiff being entitled in an action of equitable cognizance, under the prayer for general relief, to such relief as the pleadings and evidence warrant, a complaint will not be treated as uncertain and ambiguous because it states facts which might justify an accounting, injunctive relief, quieting title, or the declaration of a trust, inasmuch as the court would be authorized in granting relief on any theory that was sustained by the facts alleged.</p> <p>SAME-ELECTION OF CAUSE OF ACTION.</p> <p>In an action by plaintiff to quiet title to a mining claim which had been relocated by a tenant in common in his own interest, or have the relocation declared in trust for the tenants in common, it was not error to refuse to compel plaintiff to elect between his allegation that sufficient assessment work had been done to render relocation invalid, or if such work had not been performed it was by reason of the fraud of the defendant who was charged with that work, since more than one state of facts might establish the wrong and justify the relief demanded.</p> <p>MINES AND MINERALS-ASSESSMENT WORK.</p> <p>Where the necessary amount of assessment work was done on a mining claim during a certain year, the presumption would be that it was done by the co-owners, or some of them, in the absence of proof to the contrary, although the evidence may not clearly establish by whom the work was done.</p> <p>SAME •— DISCOVERY OP MINERAL-RELOCATION •— ESTOPPEL OP SUBSEQUENT LOCATOR.</p> <p>A subsequent locator of a mining claim who has never been thereon, hut located it by an agent, is estopped from claiming that the first locators made no discovery of mineral on the claim, when his agent was one of the owners under the prior location and such agent admits in his answer to an action by one of the former owners that there had been a discovery of mineral under the prior location.</p> <p>SAME-TENANTS IN COMMON •— FRAUD AGAIN