Ryan v. Staples
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United-States for the District of Colorado. This was a suit in ejectment to recover the possession of the following mining claims, located in Ouster county, Colo., to wit, the Maine Lode and Mill Site, the Triangle Lode, the Spring Lode, the Prank Lode, the Georgia Lode and Lookout Mill Site, the Nemaha Lode, and the Lookout Lode.
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In Error to the Circuit Court of the United-States for the District of Colorado. This was a suit in ejectment to recover the possession of the following mining claims, located in Ouster county, Colo., to wit, the Maine Lode and Mill Site, the Triangle Lode, the Spring Lode, the Prank Lode, the Georgia Lode and Lookout Mill Site, the Nemaha Lode, and the Lookout Lode. Both parties to the suit claimed title to the aforesaid property under the Bassick Mining Company, a corporation of New York, which was the owner thereof on and prior to June 1, 1885. James. Staples, the defendant in error, who…
1Opinion of the CourtThayer, Circuit Judge
It is conceded that the title acquired by James Staples, the defendant below, as a purchaser under the judgment in favor of John T. Radeliff and William H. Radeliff, by virtue of his having redeemed *725from the sale made in the suit to foreclose the various mechanics’ liens, is superior to the title acquired by Dennis Ryan, the plaintiff below, under the judgment in the attachment suit, provided the judgment in the mechanic’s lien suit was not utterly void, when rendered, for want of jurisdiction, and provided, further, that the sale under the Radcliff judgment was not inoperative to transfer…
2Cases cited17 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Simmons v. SaulSupreme Court of the United States · 1891
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3Cited by5 opinions
- First National Bank v. City of EmmetsburgSupreme Court of Iowa · 1912
- Union Pac. Ry. Co. v. YatesCourt of Appeals for the Eighth Circuit · 1897
- Stewart v. MorrisCourt of Appeals for the Seventh Circuit · 1898
- Yocum v. ParkerCourt of Appeals for the Eighth Circuit · 1904
- Ryan v. StaplesCourt of Appeals for the Eighth Circuit · 1897