Allen v. Dunlap
Oregon Supreme Court
Grant County: Jas. A. Fee, Judge. This is a suit in equity by Edward C. Allen against James Dunlap to enjoin a trespass upon and waste of a quartz ledge, in a mining claim called the Black Butte lode or ledge, which plaintiffs claim to own by right of possession and location.
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Grant County: Jas. A. Fee, Judge. This is a suit in equity by Edward C. Allen against James Dunlap to enjoin a trespass upon and waste of a quartz ledge, in a mining claim called the Black Butte lode or ledge, which plaintiffs claim to own by right of possession and location. Substantially the defense is, that neither the plaintiffs, nor their grantors, made any discovery of valuable mineral-bearing quartz in any ledge upon their pretended location of such mining claim, nor ever distinctly marked the boundaries of their pretended location of such mining claim, so that they could be readily…
1Opinion of the Court
Mr. Chile Justice Lord
delivered the opinion of the court:
1. The first objection raised is as to the jurisdiction of equity to grant relief in cases of trespass and waste. The *233general rule that a court of equity will refuse to take jurisdiction and award even a temporary injunction in cases of a mere trespass, is conceded; but there is an established exception in cases of mines, timber, and the like, in which an injunction will be granted to restrain the commission of acts by which the substance of an estate is injured, destroyed, or carried away. In such case, the injury being irreparable, or…
2Cases cited1 opinion
- Carter v. BacigalupiCalifornia Supreme Court · 1890
3Cited by14 opinions
- Moore v. HallidayOregon Supreme Court · 1903
- Roots v. Boring Junction Lumber Co.Oregon Supreme Court · 1907
- Steele v. PrebleOregon Supreme Court · 1938
- Browning v. LewisOregon Supreme Court · 1901
- Oldenburg v. ClaggettOregon Supreme Court · 1933
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