Lawson v. United States Mining Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. ■ This suit was commenced in the Circuit Court of the United States for the District of Utah by the United States Mining Company, claiming to be the owner-of certain mining property, and .praying that its title thereto be quieted and the defendant restrained from taking' any ore therefrom. Jurisdiction was founded on diverse citizenship.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. ■ This suit was commenced in the Circuit Court of the United States for the District of Utah by the United States Mining Company, claiming to be the owner-of certain mining property, and .praying that its title thereto be quieted and the defendant restrained from taking' any ore therefrom. Jurisdiction was founded on diverse citizenship. In an -amended complaint, .filed June 2, 1902, it was alleged'that the plaintiff is the owner and in possession of four mining claims known as the Jordan Extension, the Northern Light, the…
1Opinion of the Court
Mr. Justice Brewer,
■ after making. the. foregoing statement, delivered the opinion of the court-
• The first question is, whether the plaintiff can maintain this' suit in equity without a prior adjudication in an action at law of its legal title. The bill alleges ownership and possession. It supported this allegation by patents from the United' States of the first four claims mentioned in the bill, and proved that the defendants were working on a vein or body of mineral beneath the surface and extracting ores therefrom. The bill has a double aspect, to quiet title and to restrain • defendants…
2Cases cited14 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Holland v. ChallenSupreme Court of the United States · 1884
- Wehrman v. ConklinSupreme Court of the United States · 1894
- Orton v. SmithSupreme Court of the United States · 1856
- Boston & Montana Consolidated Copper & Silver Mining Co. v. Montana Ore Purchasing Co.Supreme Court of the United States · 1903
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3Cited by71 opinions
- Pusey & Jones Co. v. HanssenSupreme Court of the United States · 1923
- Walling v. General Industries Co.Supreme Court of the United States · 1947
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- Henrietta Mills v. Rutherford CountySupreme Court of the United States · 1930
- Butte & Superior Copper Co. v. Clark-Montana Realty Co.Supreme Court of the United States · 1919
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