The Shasta courier., 1864-09-24

considered and applied in reference to fbaf
part OF the six hundred feet described in the
complaint, which is not put in CONTROVERSY
py defendants answers but the evidence
shows that the plaintiff has not been in nos
session of the four hundred and fortv-four
feet IN dispute. the work in question having
oeea done without the limits of the fifteen
hundred feet taken up and claimed by the
original Williams & Killinger Company.
NO. T. The answer TO this issue is moi
material. as the work was not done on the
four hundred and forty four feet in disput.
No. s. The finding on this issue is not
material for the same reason stated in the
decision above on answer to number seven
No. g. This Issue is immaterial.
No. 10. The findings on this issue are in.
efiectual. for it shows that Mexican, a coten
ant in the original discovery claims. placed
the notice there, but no authority for the act
Is found, and none is shown bv the evidence
in the case.
No. Ii. This issue ard the findings are
redundant and immaterial.
No. II. The findings on this issue are
erroneous as to the signature. the same not
being sustained by the evidence. Besides.
they are immaterial, because it is not found
that the defendants or those under whom
they claim, intended or directed their suppos-
ed notice to be placed there, and the proofs
fail to show such intention or direction.
No. is. This issue is correctly decided.
No. IA. The finding on this issue is I'M
material so far as Silverthorn's knowledge of
the sale OF the Nc heaR d. Gallagher claims are
concerned. but the evidence shows that he
did not acquiesce in the alleged sale of the
four hundred and forty four feet in dispute.
No. 10. This issue is immateral and the
findings are immaterial, but correct.
No. l6. There is no answer given to this
issue.
No. Il. This issue and the findings there
on are immaterial, as Mexican, Gallagher and
Stone could net at the time referred to,
abridge or in any manner affect the rights of
the defendants in and to the original discoy-
cry claims.
No. Is. This issue and the findings there
on stand on the same footing as the issue and
findings of number seventeen.
No. 10. This issue is complicated and in
wolves questions of law and matters of fact.
and in passing upon it the jury miseonstrued
the written evidence and considered improp.
er testimony and mistook the law and decid-
ed the issue wrong.
No. 20. Considered in its relation to the
whole case, this issue is complication of law
and fact. And it is apparent that in decid-
ing 1t the jury considered evidence which,
being reviewed on the whole case must be
deemed improper, and misconstrued the
written evidence and misiudged the law
This issue Is erroneously decided by the jury.
No. 81. This issue and the findings rests
IN all respects on the same grounds as the is
sue number 20 and the findings thereon, and
the verdict thereon is erroneous.
No. %. The decision on this issue is i'm
No. %. The findings on this issue are
subject to the same errors as are the findings
on the twentieth an1 twenty-frst issues, and
are wrong.
No. "a. The jury have found truly on this
issue, but their verdict must refer to that
part of the grounds not included in the four
hundred and forty-four feet in dispute, and
are therefore immaterial.
No. p. The verdict on this issue is i'm
material, TOR the reasons given on the find
ngs on issue number twenty four
No. 26. The answer to this issue is re-
1undant and immateral.
No q. The findings on this issue are
correct.
Therefore, all things being seen and con
'idered, the Court finds that o. r. johnson |
lid not purchase of the said G. j. Mexican. |
Z. Gallagher. j. killinger and j. P. Will |
ans, as is thereof alleged in the plaintiff s |
complaint, or in any manner. the mining |
grounds or lodges therein described, COM
neneing at the pine tree therein designated. -
hat the said Mexican, Gallagher, Williams
md killinger did not convey or sell to the |
aid johnson the said mining ground or |
edge so described and claimed by the plain |
lf, and that they did not intend to sell or |
convey the same TO the said johnson, and |
hat they did not represent to the said John |
son that they were selling or intended to sell |
'r convey to him at the time of the assumed
'ale thereof, the mining ground described in
he complaint, as commencing at the pine tree
n question. The Court further finds that
he said Mexican, Gallagher, Williams and
Aillinger, by their deed thereof, executed
md delivered to the said O. r. johnson, on
he 9th day of March, 1868, sold to him two
claims of mining ground or quartz lcdge, sit
lated on the first north extension of the Orig
nal Williams & Killinger ledge, described in
the said deed as the original discovery claims.
the claims sold consisting of three hundred
feet each, originally taken up by Mexican &
Gallagher, with another claim of three hun
1red feet on the same extension, for one
Norton Stone,--that the said Mex can & Gal
lagher claims were adjoining to and bounded
by the said original discovery claims on the
side, at point on said ledge, dis
tant in a northerly direction, fifteen hundred
feet from the southerly initial boundary
monument of the said original discovery
the boundary line or point on
said ledge has not vet been established or
by survey or measurement, be. |
tween the grounds so sold and the original |
discovery claims, but that the same Il on
some point on the ledge four hundred and
orty four feet, more or less. in a northerly
direction from the pine tree in question, des.
gnated on the map marked Exhibit No =,
Is the pine tree pointed out by o. K. John.
ION as the southerly boundary of the ground
le purchased of Mexican, Gallagher, Will
ans and Killinger. &c. which said boundary
,oint is fifteen hundred feet running on and
long said ledge in northerly course from
he southerly boundary point of the said
riginal discovery claims. And the Court
inds that the ground and ledge lying and
,eng on the said ledge between the said
Johnson pine tree and the said northerly
,oundary of the said original discovery
iaims, was not conveyed or in any manner
old by Mexican. Gallagher, Williams and
lillipger to @. X, Johnson.