Pioneer Mining Co. v. Pacific Coal Co.
District Court, D. Alaska
Plaintiff brings this action and alleges in paragraph 4 of its complaint that plaintiff is now, and for a long time hitherto has been, the owner of and in the possession of that certain placer mining claim lying and being in the Cape Nome recording district, district of Alaska, and known as Bench No. 1, Moonlight creek, near Moonlight springs, and describes it by metes and bounds and courses and distances according to survey No. 608. Plaintiff further alleges in paragraph 5…
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Plaintiff brings this action and alleges in paragraph 4 of its complaint that plaintiff is now, and for a long time hitherto has been, the owner of and in the possession of that certain placer mining claim lying and being in the Cape Nome recording district, district of Alaska, and known as Bench No. 1, Moonlight creek, near Moonlight springs, and describes it by metes and bounds and courses and distances according to survey No. 608. Plaintiff further alleges in paragraph 5 that defendants, and each of them, claim and assert an interest in said premises adverse to plaintiff, the extent and…
1Opinion of the Court
MURANE, District Judge.
The cause is now before the court upon the motions of the defendants for an order assigning this cause on the jury trial calendar and for fixing the date of the trial of said action, which raises the question whether said cause should be tried before the court as a suit in equity or before the court and jury as an action at law.
The complaint is evidently framed under section 475 of the Alaska Code, and plaintiff’s attorneys in argument contended that it is a suit in equity to quiet title and to determine adverse claims, while defendants contend in their argument and…
2Cases cited13 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Holland v. ChallenSupreme Court of the United States · 1884
- Stark v. StarrsSupreme Court of the United States · 1868
- Wehrman v. ConklinSupreme Court of the United States · 1894
- O'Hara v. ParkerOregon Supreme Court · 1895
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