Durango Land & Coal Co. v. Evans
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. This was a bill filed by the Durango Land & Goal Company, the appellant, in the circuit court of the United States for the district of Colorado, against Roger O. Evans, Reese G. Carlisle, John Tetard, Sprigg Shackleford, and Frank Adams, the appellees, to restrain them from prosecuting any 'suits at law against the appellant, with respect to certain coal lands which were alleged to be in the…
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Appeal from the Circuit Court of the United States for the District of Colorado. This was a bill filed by the Durango Land & Goal Company, the appellant, in the circuit court of the United States for the district of Colorado, against Roger O. Evans, Reese G. Carlisle, John Tetard, Sprigg Shackleford, and Frank Adams, the appellees, to restrain them from prosecuting any 'suits at law against the appellant, with respect to certain coal lands which were alleged to be in the possession of the appellant; and to restrain them as well from making any conveyance, either by way of sale or mortgage,…
1Opinion of the CourtThayer, Circuit Judge
The bill shows affirmatively that on October 21, 1880, Roger 0. Evans filed a declaratory statement against the coal lands in controversy, under the provisions of sections 2347, 2348, and 2349 of the Revised Statutes of the United States; that Byron McMaster was permitted to make a subsequent cash entry of the same lands *429on December 1, 1881; and that, in view of the conflicting claims thus created, a contest was inaugurated before the land department of the United States, which resulted in the cancellation of the entry made by McMaster, and in the issuance of a patent to Roger C. Evans. The…
2Cases cited10 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Shepley v. CowanSupreme Court of the United States · 1876
- Moore v. RobbinsSupreme Court of the United States · 1878
- Marquez v. FrisbieSupreme Court of the United States · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
- Ross v. StewartSupreme Court of Oklahoma · 1910
- Wiseman v. EastmanWashington Supreme Court · 1899
- Moore v. CormodeWashington Supreme Court · 1898
- Ross v. WrightSupreme Court of Oklahoma · 1911
9 more not listed; retrieve them via the Exa API.