California Supreme Court · decided 1875-07-01
<p>Appeal from the District Court, Tenth Judicial District, County of Tuba.</p> <p>Ejectment to recover nine twentieths undivided in certain mining claims in Tuba county. Both parties claimed title under Lyman King. The plaintiff proved by King that he owned the demanded premises, and went into possession of the same prior to 1860. He then introduced a deed to him from King, dated January 4, 1866. The defendants called as a witness one of their number, L. B. Clark, who testified that King sold him the demanded premises and gave him a written conveyance, in April, 1862, and that the conveyance was lost; that he did not know the conveyance was lost till December, 1865, when he looked through all his papers, safe, pigeon-holes, and house for it, and could not find it, and that he sold to the Pittsburgh Company, in December, 1865, and delivered to the Company all his papers. The defendants constituted the Pittsburgh and Tuba Eiver Mining Company. The defendants then offered to prove the contents -of the conveyance, but the plaintiff objected because its loss had not been shown, and that no foundation had been laid for the same. The Court overruled the objection, and permitted evidence of its contents to be introduced.</p> <p>The defendants recovered judgment, and the plaintiff appealed.</p>
Cited by 3 later decisions — most recently March 1953
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1875-07-01
