Strettell v. Ballou
U.S. Circuit Court for the District of Colorado
This is a bill in equity, in which the complainant prays partition of certain placer mining property in which the complainant has, as he alleges, an undivided interest. It appears, from the allegations of the bill and the proof, that the title to the property in controversy is in the United States, the parties to this suit having jointly a possessory claim or interest, with the right to take ore therefrom, but no other title.
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This is a bill in equity, in which the complainant prays partition of certain placer mining property in which the complainant has, as he alleges, an undivided interest. It appears, from the allegations of the bill and the proof, that the title to the property in controversy is in the United States, the parties to this suit having jointly a possessory claim or interest, with the right to take ore therefrom, but no other title. The defense is, that this Court has no jurisdiction in equity, because the complainant has no title to the land.
1Opinion of the Court
McCrary, Circuit Judge.
It has long been settled that the jurisdiction of the Circuit Courts of the United States in equity is derived from and defined by the constitution and laws of the United States; that it is the same in all the States, and is not to be affected or varied by the various statutes of the States, whereby the Chancery powers and jurisdiction of State Courts may be defined and regulated. This Court cannot therefore look to any State legislation as the source of its jurisdiction in equity. In Boyle v. Zacharie, 6 Peters, 658, Chief Justice Marshall, speaking for the Supreme…
2Cases cited6 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Neves v. ScottSupreme Court of the United States · 1852
- Johnston v. RoeU.S. Circuit Court for the District of Eastern Missouri · 1880
- Williams v. WiggandIllinois Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Aspen Mining & Smelting Co. v. RuckerU.S. Circuit Court for the District of Colorado · 1886
- American Ass'n v. Eastern Kentucky Land Co.U.S. Circuit Court for the District of Western Virginia · 1894
- Burt v. KeyesU.S. Circuit Court for the District of Northern Ohio · 1861