Felger v. Coward

California Supreme Court

Felger v. Coward

35 Cal. 650, 1868 Cal. LEXIS 136

CourtCalifornia Supreme Court

DecidedJuly 1, 1868

StatusPublished

Cited by2 cases

This text of 35 Cal. 650 (Felger v. Coward) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Felger v. Coward, 35 Cal. 650, 1868 Cal. LEXIS 136 (Cal. 1868).

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Opinion

By the Court, Sandersov, J. :

In Patterson v. The Keystone Mining Co., 30 Cal. 360, our attention was called to the statute of the 13th of April, 1860, (Stats. 1860, p. 175,) in relation to the conveyance of gold mining claims, and we considered, arguendo, that it had abrogated the rule announced in the case of the Table Mountain Tunnel Co. v. Stranahan, 20 Cal. 198, to the effect that title to a mining claim would pass by a verbal sale, if accompanied by a transfer of the possession. In the subsequent case of Goller v. Fett, 30 Cal. 484, the effect of the statute came up for further consideration, and its construction became indispensable to the final disposition of that case, and the effect suggested in Patterson v. The Keystone Mining Co. was formally declared to be the effect of the statute, and that title [653]*653to gold mining claims could be passed only by an instrument in writing. (See, also, King v. Randlett, 33 Cal. 318.)

The rule established in Goller v. Fett seems to be conclusive of the present case. It is an ordinary action of ejectment, and the plaintiff, at least, showed only a contract by the defendant to convey. His remedy was for specific performance, and, as incidental to that, delivery of the possession.

Order denying a new trial reversed and a new trial granted.

Mr. Justice Saavyer expressed no opinion.

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By the Court, Sandersov, J. :

In Patterson v. The Keystone Mining Co., 30 Cal. 360, our attention was called to the statute of the 13th of April, 1860, (Stats. 1860, p. 175,) in relation to the conveyance of gold mining claims, and we considered, arguendo, that it had abrogated the rule announced in the case of the Table Mountain Tunnel Co. v. Stranahan, 20 Cal. 198, to the effect that title to a mining claim would pass by a verbal sale, if accompanied by a transfer of the possession. In the subsequent case of Goller v. Fett, 30 Cal. 484, the effect of the statute came up for further consideration, and its construction became indispensable to the final disposition of that case, and the effect suggested in Patterson v. The Keystone Mining Co. was formally declared to be the effect of the statute, and that title [653]*653to gold mining claims could be passed only by an instrument in writing. (See, also, King v. Randlett, 33 Cal. 318.)

The rule established in Goller v. Fett seems to be conclusive of the present case. It is an ordinary action of ejectment, and the plaintiff, at least, showed only a contract by the defendant to convey. His remedy was for specific performance, and, as incidental to that, delivery of the possession.

Order denying a new trial reversed and a new trial granted.

Mr. Justice Saavyer expressed no opinion.

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Bluebook (online)

35 Cal. 650, 1868 Cal. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felger-v-coward-cal-1868.

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