Elbing v. Hastings
District Court, D. Alaska
This is a suit in equity to quiet title. The plaintiffs allege that they are the owners and in possession of placer bench claim No. 10 below discovery, right limit, first tier, on Dome creek, in the Fairbanks mining district, Alaska; that they are the owners in fee of said premises as to all persons save and except the United States; that the defendants claim an estate or interest in said property adverse to plaintiffs; that the claim of the defendants is without any right…
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This is a suit in equity to quiet title. The plaintiffs allege that they are the owners and in possession of placer bench claim No. 10 below discovery, right limit, first tier, on Dome creek, in the Fairbanks mining district, Alaska; that they are the owners in fee of said premises as to all persons save and except the United States; that the defendants claim an estate or interest in said property adverse to plaintiffs; that the claim of the defendants is without any right whatever, and the said defendants have no estate, right, title, or interest whatever is said land or premises, nor any…
1Opinion of the Court
WICKERSHAM, District Judge.
Congress has provided two methods for trying title to real property in Alaska, and possession by plaintiff or defendant is the pivotal point in determining which method shall be adopted. Section 475 of the Code of Civil Procedure provides the first method as follows:
“Sec. 475. 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 second method is that provided in…
2Cases cited9 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- Donahue v. MeisterCalifornia Supreme Court · 1891
- Raymond v. FlavelOregon Supreme Court · 1895
- Landregan v. PeppinCalifornia Supreme Court · 1892
- Love v. MorrillOregon Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McGill v. WahlAlaska Supreme Court · 1992
- Modrok v. MarshallAlaska Supreme Court · 1974
- Vinson v. HamiltonAlaska Supreme Court · 1993
- Shope v. SimsAlaska Supreme Court · 1983
- Davis v. TantAlaska Supreme Court · 1961
4 more not listed; retrieve them via the Exa API.