Kelvin Lumber & Supply Co. v. Copper State Mining Co.
Court of Appeals of Texas
Appeal from District Court, El Paso County; W. D. Howe, Judge. Action by the Copper State Mining Company against the Kelvin Dumber & Supply Company and others. From a judgment for plaintiff, defendants appeal.
1Opinion
On Rehearing.
[10] We have concluded that we were in error in the holding in the original opinion to the effect that this is a transitory cause of action, of which the courts of Texas will take jurisdiction. The pleading, the evidence, and the findings of the trial court conclusively show that plaintiff bottoms its cause of action upon its title to, or better right to possession of, the mining claim from which the ores in question were taken, and that Kidder and Burns were in peaceable and adverse possession of the claim under location made by them, after inquiry of plaintiff’s superintendent…
2Cases cited18 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- McClusky v. TrusselMississippi Supreme Court · 1907
- Richbourg v. RoseSupreme Court of Florida · 1907
- Page v. FowlerCalifornia Supreme Court · 1865
- Johnston v. FishCalifornia Supreme Court · 1895
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