Cameron v. Bass
Arizona Supreme Court
APPB'AIi from a judgment of the Superior Court of the county of Coconino. F. W. Perkins, Judge. STATEMENT OR PACTS BY THE COURT. The appellant commenced this action to enjoin the appellee from erecting a building and from committing other threatened alleged acts of trespass upon the Cape Horn mining claim. The said mining claim is situate within the “Francis mining district” in Coconino county.
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APPB'AIi from a judgment of the Superior Court of the county of Coconino. F. W. Perkins, Judge. STATEMENT OR PACTS BY THE COURT. The appellant commenced this action to enjoin the appellee from erecting a building and from committing other threatened alleged acts of trespass upon the Cape Horn mining claim. The said mining claim is situate within the “Francis mining district” in Coconino county. The plaintiff asserts title as of a mining location and the exclusive right of possession thereto, derived from his said mineral location. The defendant asserts his right to perform all the acts…
1Opinion of the CourtCunningham, J.
(After Stating the Facts as Above).— Plaintiff’s right to a restraining order against one about to erect a building and threatening to exercise other acts of ownership over land would depend upon the fact whether the plaintiff had the exclusive right of possession of the land affected by the defendant’s alleged acts and threatened acts. This is elementary, and certainly needs no citation of authorities in support of the proposition.
The plaintiff bases his exclusive right of possession upon the validity of the location of the Cape Horn mining claim initiated by him on the tenth day of April,…
2Cases cited14 opinions
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- United States v. SchurzSupreme Court of the United States · 1880
- United States v. BeebeSupreme Court of the United States · 1888
- Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
- United States Ex Rel. Riverside Oil Co. v. HitchcockSupreme Court of the United States · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Stapley v. StapleyArizona Supreme Court · 1926
- Cameron v. United StatesCourt of Appeals for the Ninth Circuit · 1918
- Cracchiolo v. StateCourt of Appeals of Arizona · 1983