Stevens v. McChrystal
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Utah. On the 24th day of April, 3903, the appellants presented a bill in equity against the appellees, to which the court sustained a demurrer.
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Appeal from the Circuit Court of the United States for the District of Utah. On the 24th day of April, 3903, the appellants presented a bill in equity against the appellees, to which the court sustained a demurrer. On March 7, 1904, they filed the amended bill which is the subject of review on this appeal, the substantive recitals and averments of which are as follows: That in December, 1889, Timothy Kelly, Harry H. McCartney, and Harry S. Joseph were the owners, subject to the paramount title of the United States, and in possession, of certain mining claims in the Tintic mining district,…
1Opinion of the CourtPhilips, District Judge
The chief insistence of counsel for appellants is that the facts alleged show a trust relation between the said Kelly and others and the Mc-Chrystals, which the latter failed and refused to observe; that it was a continuing trust, which, under the facts recited, was neither barred by the statute of limitation nor obstructed in its enforcement by the laches of the complainants.
We are unable to discover any trust agreement in the ultimate shape the contractual relation between the parties assumed. When -the claim of Kelly and others, adversing the application of the Mc-Chrystals for a patent,…
2Cases cited11 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Galliher v. CadwellSupreme Court of the United States · 1892
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Williams v. BerginCalifornia Supreme Court · 1897
- Dunphy v. RyanSupreme Court of the United States · 1886
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3Cited by6 opinions
- Taylor v. Salt Creek Consol. Oil Co.Court of Appeals for the Eighth Circuit · 1922
- Mason v. MacFaddenCourt of Appeals for the Eighth Circuit · 1924
- Medallion Oil Co. v. HinckleyCourt of Appeals for the Ninth Circuit · 1937
- Gideon v. HindsCourt of Appeals for the Second Circuit · 1916
- Grotefend v. MayCalifornia Court of Appeal · 1917
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