Glen Allen Mining Co. v. Park Galena Mining Co.

BATES, District Judge.

The plaintiff and appellant brought this action to recover from the defendants certain mining property; to have the defendant Anderson and the Park Galena Mining Company decreed to hold said property in trust; and for an accounting by the defendant for ores extracted from the mining properties and moneys received therefrom.

One of the defenses pleaded is that the cause of action set out by plaintiff has been adjudicated. Upon this question the defendants’ plea is that on or about the-day of August, 1926, in a foreclosure action brought by Francisco Rospigliosi against the…