#Wincar property ltd trial
The California Constitution guarantees litigants the right to trial by jury as it existed at common law in 1850. Plaintiffs confront us at the outset of this appeal with the contention that the trial court erred in denying their request for trial by jury. Additional facts will be related as each of plaintiffs' contentions on appeal is discussed. On the cross-complaint, the court declared the road leading to the claims to be a public roadway in both sections 7 and 18. On the complaint, the court declared that plaintiffs had filed only one valid claim, and that otherwise defendants had paramount title where the two sets of claims conflicted. Plaintiffs answered the cross- complaint, alleging that the road is the only roadway to Sentinel that the road had been used by the public continuously, openly and notoriously for more than five years prior to commencement of the action. Plaintiffs' title to the Sentinel claim is not challenged.ĭefendants also filed a cross-complaint, seeking a declaration that they hold title to a road in section 7 leading to the claims which are located in section 18, which is contiguous to section 7. By way of answer, defendants denied plaintiffs' title, and alleged title and possession to be in themselves wherever the claims overlapped. They alleged title and possession in themselves and, further, that defendants were trespassing on their claims. Plaintiffs filed an action for declaratory relief to determine title in the area of conflict. In 1956 defendants-respondents filed a number of placer claims in the same general vicinity, several of which overlapped plaintiffs' prior lode claims. In 1955 plaintiffs-appellants bought "Sentinel," a lode mining claim, and in the same year filed several adjoining lode claims. The mining claims involved in this action for declaratory relief are located upon government land in a rugged area of the San Bernardino Mountains in San Bernardino County. Milton Wichner for Plaintiffs and Appellants. PIERCY et al., Defendants and Respondents. WILBUR VEALE et al., Plaintiffs and Appellants, v.
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