Legal Opinion

Turner v. Sawyer

Supreme Court of the United States

Decided December 11, 1893No. 70PublishedCited by 48 opinions

APPEAL FROM THE CIRCUIT COURT OF TÉCE UNITED STATES' FOR THE DISTRICT OF COLORADO. This was a bill in equity filed by the. appellee Sawyer against Robert Turner, George E. McClelland, and J> S. Allison, the purpose of which was to have the defendant ■ Turner declared a trustee for the use of the plaintiff of an undivided five-eighths interest' in what was known as the “ Wallace lode,” which had been previously patented by the government to Turner, and to compel a conveyance…

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APPEAL FROM THE CIRCUIT COURT OF TÉCE UNITED STATES' FOR THE DISTRICT OF COLORADO. This was a bill in equity filed by the. appellee Sawyer against Robert Turner, George E. McClelland, and J> S. Allison, the purpose of which was to have the defendant ■ Turner declared a trustee for the use of the plaintiff of an undivided five-eighths interest' in what was known as the “ Wallace lode,” which had been previously patented by the government to Turner, and to compel a conveyance of the same to the plaintiff. The case was submitted upon an agreed statement of facts, which was substantially as…

1Opinion of the Court

Mr.' Justice Brown,

after stating the case, delivered the' opinion of the court.

The real question in this case is whether the title to the half interest which Amos Sawyer assumed to convey to the appellee, Alfred A. K. Sawyer, January 12,1885, was obtained by Turner through the proceedings taken by Teal in the enforcement ófNiis lien for labor done upon -this lode, or by the forfeiture notice published for the annual labor done in 1884.(1) It is evident that nothing can be claimed by virtue of the suit begun by Teal, January 12, 1884, against John S. Sanderson, Marcus Finch, P. F. Smith, and…

2Cases cited13 opinions

  1. Moore v. RobbinsSupreme Court of the United States · 1878
  2. Comegys v. VasseSupreme Court of the United States · 1828
  3. Marquez v. FrisbieSupreme Court of the United States · 1879
  4. Green v. BurkeNew York Supreme Court · 1840
  5. Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825

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3Cited by48 opinions

  1. Starkweather v. JennerSupreme Court of the United States · 1910
  2. Hodgson v. Federal Oil & Development Co.Supreme Court of the United States · 1927
  3. Mills v. HartSupreme Court of Colorado · 1898
  4. Stevens v. Grand Central Min. Co.Court of Appeals for the Eighth Circuit · 1904
  5. Arthur v. CoyneSupreme Court of Oklahoma · 1912

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