Field v. Grey
Arizona Supreme Court
Appeal from the district court of the first judicial district, county of Cochise. The mining ground in controversy is situated at Tombstone. After its location various parties entered on its limits and erected various improvements on it. This action was brought to eject these parties from the claim. The other facts are stated in the opinion.
1Opinion of the Court
By Court,
French, C. J.:
This action is ejectment to recover possession of certain mining ground. The complaint is in the usual form for ejectment. The denials of the averments of the complaint contained in defendants’ answer, except the denial as to damages, are defective.
*405But plaintiffs having proceeded to trial on the answer without objection in these respects, we shall consider the answer as a denial of the plaintiffs’ allegations.
But the defendants show no right, and do not even claim any right, to the premises in controversy, or to the possession of the same, in their answer, but simply…
2Cases cited3 opinions
- Atherton v. FowlerSupreme Court of the United States · 1878
- Cal. N. R.R. v. GouldCalifornia Supreme Court · 1862
- Smer v. DugganCalifornia Supreme Court · 1880
3Cited by3 opinions
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
- Geomet Exploration, Ltd. v. Lucky Mc Uranium Corp.Arizona Supreme Court · 1979
- Sparks v. MountWyoming Supreme Court · 1922