Anderson v. Anvil Hydraulic Co.
District Court, D. Alaska
This suit is brought under the authority of section 475, tit. 2, c. 46, of the Code of Civil Procedure for Alaska. The section provides that: “Any person, in possession by himself or his tenant, of real property, may maintain an action of an equitable nature against another who claims an estate or interest therein adverse to him, for the purpose of determining such claim, estate or interest.”
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This suit is brought under the authority of section 475, tit. 2, c. 46, of the Code of Civil Procedure for Alaska. The section provides that: “Any person, in possession by himself or his tenant, of real property, may maintain an action of an equitable nature against another who claims an estate or interest therein adverse to him, for the purpose of determining such claim, estate or interest.” The plaintiffs in their complaint assert themselves to he the owners of the ground in conflict in the action by virtue of a valid, subsisting location of a placer mining claim called Discovery claim on…
1Opinion of the Court
MOORE, District Judge.
The plaintiff's, who are adverse claimants, claim the ground in dispute under a location made in-January, 1902, by Mrs'. McMurray, which is entitled Discovery on Lake creek, Alaska. The defendant, which is the applicant for the patent, claims the disputed ground under a location, made in April, 1900, by one C. W. Thomas, which is denominated claim No. 2 on Saturday creek, Alaska.
The plaintiffs claiming ownership by virtue of the later title of 1902, the. burden is upon them of proving either that the Thomas location was never made in accordance with the mining laws of…
2Cases cited8 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Bishop v. BaisleyOregon Supreme Court · 1895
- Farwell v. NeedhamOregon Supreme Court · 1897
- Belcher Consolidated Gold Mining Co. v. DeferrariCalifornia Supreme Court · 1882
- Lavagnino v. UhligSupreme Court of the United States · 1905
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