Legal Opinion · Concurrence

Blodgett v. Lanyon Zinc Co.

Court of Appeals for the Eighth Circuit

Decided February 23, 1903No. 1,749Published

Appeal from the Circuit Court of the United States for the District of Kansas.

1Concurrence

THAYER, Circuit Judge.

I concur in the order affirming the decree of the Circuit Court for the following reasons:

The action is one in equity to obtain a decree canceling a mining lease and declaring a forfeiture of the same for the reasons stated in the foregoing opinion. The general rule is that courts of equity will not lend their aid to enforce forfeitures, but will leave a complainant who. is insisting upon a forfeiture to enforce his rights at law, where they can usually be enforced without difficulty if a forfeiture has been incurred. Courts of equity abhor forfeitures, and will…

2Cases cited5 opinions

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. Fritts v. PalmerSupreme Court of the United States · 1889
  3. Chambers v. City of St. LouisSupreme Court of Missouri · 1860
  4. St. Louis Drug Co. v. RobinsonSupreme Court of Missouri · 1883
  5. Grant v. Henry Clay Coal Co.Supreme Court of Pennsylvania · 1875

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