Gisborn v. Charter Oak Life Insurance
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. The court stated the case as follows: On and prior to February 24, 1874, Obadiah Embody, Warren D. Heaton, William E. Miller and Matthew T. Gisborn were ,the owners of the Mono Mine, situated in Ophir Mining District, Tooele County, in Utah Territory, Gisborn owning an undivided one-third, and the others the remaining undivided two-thirds. • On that day, Embody, Heaton and Miller executed a deed of their undivided…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. The court stated the case as follows: On and prior to February 24, 1874, Obadiah Embody, Warren D. Heaton, William E. Miller and Matthew T. Gisborn were ,the owners of the Mono Mine, situated in Ophir Mining District, Tooele County, in Utah Territory, Gisborn owning an undivided one-third, and the others the remaining undivided two-thirds. • On that day, Embody, Heaton and Miller executed a deed of their undivided two-thirds to Gisborn. The consideration named and to be paid was $400,000. With the deed in his possession, he went to the.…
1Opinion of the CourtJustice Brewer
There are three principal questions in this case: First, was the mine chargeable with the payment of the consideration money ? Second, was it also chargeable with the payment of the moneys expended in the fruitless search for the lost vein ? And, third, is the cause of action barred under the statute of limitations ?
With respect to the first, the contention of appellant is that Stephens, as trustee, was a purchaser of the undivided two-thirds acquired by Gisborn by his deed of 24th February, 1874; that, as such purchaser, he took all the chances of the mine’s productiveness; and that now, on…
2Cases cited2 opinions
- Bacon v. RivesSupreme Court of the United States · 1882
- Seymour v. FreerSupreme Court of the United States · 1869
3Cited by18 opinions
- Carolina Portland Cement Co. v. BaumgartnerSupreme Court of Florida · 1930
- Smith v. Massachusetts Mutual Life Ins.Supreme Court of Florida · 1934
- Connolly v. BouckCourt of Appeals for the Eighth Circuit · 1909
- King v. StowellMassachusetts Supreme Judicial Court · 1912
- Miller v. HorowitzCourt of Appeals of Maryland · 1937
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