Porter v. Tonopah North Star Tunnel & Development Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Nevada. This was a suit in equity, commenced by the appellants against the appellee under the provisions of sections 2325 and 232G, Rev. St. U. S. [Comp. St. 1901, pp. 1429, 1430], to determine the question of the right of possession of certain mining ground situated in Touo-pah/ Nye county, Nev. The court rendered a decree in favor of the defendant. The complainants appeal.
1Opinion of the Court
MORROW, Circuit Judge.
The defendant, the Tonopah North Star- Tunnel & Development Company, filed its application for a patent for the Ivanpah' mining claim in the United States Land Office at Carson City, Nev., on the 19th day of September, 1903. Within 60 days the complainants filed in said land office their adverse claim to the defendant’s application, and within thirty days thereafter commenced suit in the United States Circuit Court for the District of Nevada to determine the rights of the respective parties to the ground in controversy. The case was heard upon oral testimony, documentary…
2Cases cited1 opinion
- Porter v. Tonopah North Star Tunnel & Development Co.U.S. Circuit Court for the District of Nevada · 1904