Elder v. Western Mining Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Colorado; John A. Riner, Judge. Suit in equity by Rufus C. Elder and Frank E. Mann, executors of the will of George W. Elder, deceased, and Frank E. Mann, against the Western Mining Company, Samuel D. Nicholson, the Adams Mining Company, Julius Rodman,'the American Smelting & Refining Company, the Guggenheim Exploration Company, the American Smelters Security Company^ the A. M. W. Mining Company, W. W.…
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Appeal from the District Court of the United States for the District of Colorado; John A. Riner, Judge. Suit in equity by Rufus C. Elder and Frank E. Mann, executors of the will of George W. Elder, deceased, and Frank E. Mann, against the Western Mining Company, Samuel D. Nicholson, the Adams Mining Company, Julius Rodman,'the American Smelting & Refining Company, the Guggenheim Exploration Company, the American Smelters Security Company^ the A. M. W. Mining Company, W. W. Sylvester, W. A. Rule, A. D. Grant, H. B. Louderman, Jr., J. F. Broemelsick, W. D. Waters, James Campbell, J. A. Ewing,…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1] The object of this suit is to remove from the title to real estate the cloud of a lease and two extensions thereof which are valid on their faces but are in reality unauthorized and voidable by reason of facts they do not disclose, to quiet the title against those holding under them, to have an accounting and recovery from them of the value of the ore extracted from the land under the unauthorized instruments, for an injunction against the further extraction of ore, and for the possession of the property. The cause of action set forth in the complaint…
2Cases cited18 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- United States v. NobleSupreme Court of the United States · 1915
- Brown v. Guarantee Trust & Safe Deposit Co.Supreme Court of the United States · 1888
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cahall v. LoflandCourt of Chancery of Delaware · 1921
- Goldberg v. United StatesCourt of Appeals for the Eighth Circuit · 1921
- Cahall v. BurbageCourt of Chancery of Delaware · 1922
- Chesney v. Valley Live Stock Co.Wyoming Supreme Court · 1926
- Elder v. Western Mining Co.Court of Appeals for the Eighth Circuit · 1922
4 more not listed; retrieve them via the Exa API.