Elliott v. Elliott
District Court, D. Alaska
This is a suit in equity to declare a trust in tlie Hubbard-Elliott copper mines on the Kotsina river, Alaska,' in favor of the plaintiff. ¡ The amended bill alleges: That on the 14th day of August, 1894, the plaintiff and Henry Curtis Elliott were intermarried, and were husband and wife until divorced on or about January 22, 1903. On the 24th day of December, 1902, defendant Henry Curtis Elliott begun a suit for divorce against this plaintiff in Cook county, 111., where…
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This is a suit in equity to declare a trust in tlie Hubbard-Elliott copper mines on the Kotsina river, Alaska,' in favor of the plaintiff. ¡ The amended bill alleges: That on the 14th day of August, 1894, the plaintiff and Henry Curtis Elliott were intermarried, and were husband and wife until divorced on or about January 22, 1903. On the 24th day of December, 1902, defendant Henry Curtis Elliott begun a suit for divorce against this plaintiff in Cook county, 111., where they had long resided. The plaintiff filed a cross-bill for desertion, and bn January 22, 1903, plaintiff obtained a…
1Opinion of the Court
WICKERSPIAM, District Judge.
The agreements with locator Elliott upon which plaintiff bases her equitable estate were concluded in January, 1898. The mines in controversy were located in 1899, 1900, 1901, and 1902, and thE suit was begun at Valdez, Alaska, on April 4, 1906. |
1. Some of the mining claims in controversy are patented by the United States to the defendants; others are uiipatented, but held by valid locations. Mining claims on public land are “pi'operty” in the fullest sense of the word, which may be bought, sold, transferred, mortgaged, and inherited.' Forbes v. Gracey, 94 U. S.…
2Cases cited68 opinions
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- Galliher v. CadwellSupreme Court of the United States · 1892
- Belk v. MeagherSupreme Court of the United States · 1881
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Willard v. TayloeSupreme Court of the United States · 1870
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3Cited by2 opinions
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Templeton v. WilliardMontana Supreme Court · 1928