Becker-Franz Co. v. Shannon Copper Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Arizona; Wm. H. Sawtelle, Judge. Suit by the Shannon Copper Company against -the Becker-Franz Company for partition. Decree for plaintiff, and defendant appeals.
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Appeal from the District Court of the United States for the District of Arizona; Wm. H. Sawtelle, Judge. Suit by the Shannon Copper Company against -the Becker-Franz Company for partition. Decree for plaintiff, and defendant appeals. In November, 1908, the appellant entered into an agreement with J. W. Bennie by the terms of which it agreed to convey to Bennie the mining claims here in controversy upon payment of the sum of $12,500, of which $100 was to be paid upon the execution of the agreement, and $6,150 upon the deposit by the appellant of an abstract of title, and the further sum of…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The decree of the court below made no specific disposition of the appellant’s claim of title to the appellee’s interests acquired through the forfeiture thereof for nonpayment of annual assessment work in. pursuance of a notice of forfeiture given after the decisions of the state courts. It decreed only that the appellee was the owner of r,’/J0° of the property, and that the appellant was the owner of the remaining 4!>/roo, and quieted the title of each, and found that the property could not be partitioned, and decreed that it be sold by a commissioner at…
2Cases cited21 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Gay v. ParpartSupreme Court of the United States · 1883
- Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865
- Clark v. RollerSupreme Court of the United States · 1905
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3Cited by1 opinion
- Kline v. WrightDistrict Court, D. Idaho · 1931