National Nickel Co. v. Nevada Nickel Syndicate, Ltd.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the_ District 'óf Neva,da, ' ‘,* -This case .is brought into this court upon writ of error to, reverse the judgment of the United State's circuit court, for the district of Nevada, entered in Tavor' of the .defendant in error in an action in ejectment. 106 Fed. 116. iThe'J plaintiff in error-was the owner and in- -possession of certain lands arid mining claims situated in the state of Nevada.
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In Error to the Circuit Court of the United States for the_ District 'óf Neva,da, ' ‘,* -This case .is brought into this court upon writ of error to, reverse the judgment of the United State's circuit court, for the district of Nevada, entered in Tavor' of the .defendant in error in an action in ejectment. 106 Fed. 116. iThe'J plaintiff in error-was the owner and in- -possession of certain lands arid mining claims situated in the state of Nevada. This property’-was mortgaged to tlie defendant in error. In a foreclosure suit on said mortgage a decree was entered on August 12, 1899, directing…
1Opinion of the CourtMorrow, Circuit Judge
The demurrer to the answer was properly overruled. The general rule that in -actions in ejectment in United States courts the strict legal title prevails, to the exclusion of an equitable defense, as stated in Hickey v. Stewart, 3 How. 750, 11 L. Ed. 8x4, and Foster v. Mora, 98 U. S. 423, 25 L. Ed. 191, is subject to certain well-defined exceptions. One of these is the defense of an equitable estoppel. This defense was sanctioned by the supreme court of the United States in Kirk v. Hamilton, 102 U. S. 68, 26 E. Ed. 79, and in some of its features that case is like the present one. The action…
2Cases cited7 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Lessee of Hickey v. StewartSupreme Court of the United States · 1845
- Foster v. MoraSupreme Court of the United States · 1879
- Burley v. FlintSupreme Court of the United States · 1882
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3Cited by5 opinions
- Walton Hotel Co. v. Walton Hotel Co.Court of Appeals for the Seventh Circuit · 1940
- Plimpton v. Mattakeunk Cabin Colony, Inc.District Court, D. Connecticut · 1934
- Read v. ElliottCourt of Appeals for the Fourth Circuit · 1938
- Cheatham v. Edgefield Mfg. Co.U.S. Circuit Court for the District of South Carolina · 1904
- Evans v. Rathke Oil Co.Court of Appeals for the Fifth Circuit · 1936