Mariposa Democrat., 1857-07-02
supreme Court-Importnnt DceI.,ons

supreme Court-Important Decisions.
The Supreme Court decided number Of cases says
the Sacramento Union, some Of which are Of very
great importance.
The case Of the lferced Mining Company vs. John
c. Fremont and others, decided by a majority Of the
Court settles defnatcly the right of the Merced Com
pany 10 prosecute their mining operations on the Ere
mont grant, by perpetuatng the injunction against
the defendants The importance Of this case Is evil
denced in the fact that improvements amounting to
upwards of eight hundred thousand dollars have been
made upon the property. The decision rendered
by Mr. Justice Burnett, Mr.. Justice Terry concuring
Chief Justice Murray dssents in separate opinion.
The majority Of the Court expressing opinion upon
the point whether the minerals in the soil Of Calfor
mia belong 10 the State or TO the United States hold
that the license granted to work those lands whether
il be acit express confes certain rights upon the
occupants which will enable them to sue Although
the right to enjon trespasscrs once questioned it
is now conceded and the value Of those lands con-
siss in the gold contained in them to remove that
gold is to work rreparable injury TO the occupant
Hence an injunction 10 restrain the removing Of the
gold was perfectly proper Upon this the Chief Jus
tlcc bases his disagreement He does not consider the
injury Of such an irreparabe character to bring II
within the scope of the rule laid down in the author
tiles a. well as by the Supreme Court in previous
case.
The case Of Henry M Ndgie us. Palmer, Cook g.
Co., is of considerable Importance. In IT, the plain
tiff, as Receiver Of Adams Il Co.. sought to forecose
mortgage for one hundred thousand dollars given by
defendants Palmer Cook Co., to secure certificate
of deposit of that amount. The foreclosure was re-
| Al.
assets Of Adams Co., and should be properly set off
against the amount due defendants by that firm. The
dividends due Palmer, Cook & Co., were nearly if not
quite equal to the sum- and in the opinion of the Court
in proceeding in equity, the proper subject of
setof. Judgement is reversed, and the cause remand
ed.
In the case of Dominguez rs. Uoninguez, an at
tempt was made to set aside sale of land made In
1885. The decision of the lower Court is affirmed on
the ground among others, that the appellant had slept
too long upon any right he may have had and was be-
sides, barred under the Mexican laws Of prescription
In the case Of Stone Harris, the plaintiff admits
in his complaint that he had been guilty Of fraud,
and very cooy asks the Court TO sustain him in it,
The Court not being complacent the plaintiff de
clines to do so, and reverses his Judgement.
In the case of Souie 8. Page Da,ces, ct al, the
Court hold that where persons who contract to build
a house agree to take land in payment and after the
lot upon which the house has been built has been mort
gagged vary the terms of the contract the contractor
cannot assert his lien under the statute to the deri
ment of the mortgage. The judgement of the lower
Court is reversed.
The case of the People u.s. Hoods came up on re-
view of the former opinion of the Court, which the
Court is now satisfied was wrong. This is an import
ant case, seriously affecting the Funded Debt of San
Francisco. The Court before held that the Funding
law simply legislative provision providing fund
to secure antecedent debt, and not law creating
contract In this 1t erred and it is held that the
law could be altered amended to impair or de-
sroy the rights of the parties under the Funding law
The provision of the Consolidation Act which changes
the manner in which the funds on hand shall be dis
posed Of must, therefore, fail as this change would
work interference with the contract between the
bond holders and the city The judgement of the lower
Court is now affirmed.
| For SALE.--Mr. Willinm Buchenau offers his Aqua