Foster v. Black’s Empirical Analysis
1918
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently May 1960
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Atherton v. Fowler · Haws v. Victoria Copper Mining Co. · Campbell v. Rankin · Golden Fleece G. & S. M. Co. v. Cable Consolidated G. & S. M. Co. · Trenouth v. San Francisco
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It was not a question as to who had the better title, for the merits of the title may not be inquired into. The question was, Who was entitled to the possession? Which one of the contending parties had the right of actual possession? In actions of this kind, even the owner of real property may be dispossessed if he forcibly or unlawfully takes possession of the same. . . . “In English v. Johnson, 17 Cal. 107, 116 , 76 Am. Dec. 574 , the question involved was the acts necessary to constitute actual possession of a mining claim, and the court said: ‘We think where a claim is distinctly defined by physical marks, that possession taken for mining purposes embraces the whole claim thus characterized, though the actual occupancy or work done be only on, or of a part, and though the party does not enter in accordance with mining-rules, or under a paper title. The rule which applies to agricultural land, and holds to a more strict interpretation of a possessio pedis, does not apply to such a case. . . . The physical marks upon and around the claim are sufficient to notify every one of the possession and claim of the possessor; and, by common understanding, the going upon a claim to work it is an appropriation of the entire claim. . . . ’ “The question as to whether possession of a mining claim is actual or not is, ordinarily, a question of fact, but where the facts are, as in this case, undisputed, it is a question of law. The other facts found by the court clearly show that the ded”
1 later decision quote this exact passage““The recorded notice of location and the deeds of plaintiff were competent evidence to show the extent of the claim and possession of the plaintiff, but not to show title.””
1 later decision quote this exact passagee.g. Wamble v. Evants
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.