Allen v. Myers
District Court, D. Alaska
This is a suit in equity to quiet complainant’s title to a placer mining claim situated in the Little Minook Creek, Jr., mining district, Alaska.
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This is a suit in equity to quiet complainant’s title to a placer mining claim situated in the Little Minook Creek, Jr., mining district, Alaska. Complainant alleges that he located the claim on September 12 and November 7, 1899. In addition to the formal allegations necessary in a complaint to quiet title, the bill alleges that the plaintiff had complied with the mining laws in respect to locating, recording, and labor, and that he had instituted the preliminary steps to secure patent under sections 2325 and 2326 of the United States Revised Statutes of 1878. The defendants and interveners…
1Opinion of the Court
WICKERSHAM, District Judge.
The suit is brought under section 475 of the Code of Civil Procedure (Act June 6, 1900, c. 786, 31 Stat, 410), which reads as follows:
“Sec. 475. Any person in possession by liimself or Ms 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 complaint would state a cause of action, and be unobjectionable, if it did not allege the inception of the special proceedings by the plaintiff to obtain patent to the…
2Cases cited24 opinions
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Hipp v. BabinSupreme Court of the United States · 1857
- McAllister v. United StatesSupreme Court of the United States · 1891
- Benner v. PorterSupreme Court of the United States · 1850
- Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
19 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Doo-Noch-KeenDistrict Court, D. Alaska · 1905
- Ex parte KrauseDistrict Court, W.D. Washington · 1915
- Pueblo v. South Porto Rico Sugar Co.Supreme Court of Puerto Rico · 1939
- Smith v. WheelerDistrict Court, D. Alaska · 1915
- People v. South P. R. Sugar Co.Supreme Court of Puerto Rico · 1939