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Holland v. Mount Auburn Gold Quartz Mining Co.

California Supreme Court · No. 5654 · 1878-07-01 · Published · 53 Cal. 149 · 1878 Cal. LEXIS 99

J. L. HOLLAND and EDWIN TILLEY v. MOUNT AUBURN GOLD QUARTZ MINING COMPANY

Area
civil

Analysis

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Opinion

By the Court :

The defendant was in possession of the mining ground prior to the dates when the plaintiffs attempted to locate it, under the provisions of the Act of Congress of May 10, 1872.

Before the commencement of this action the location of plaintiffs was not distinctly marlced on the ground so that its boundaries could be readily traced, as required by the Act. (Rev. Stats. U. S. sec. 2324.)

Judgment and order reversed, and cause remanded for a new trial.

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