United States Min. Co. v. Dawson
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District, of Utah. This is a suit to quiet the title to four mining claims in the West Mountains Mining District, Utah, and to bodies of ore beneath their surfaces.
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Appeal from the Circuit Court of the United States for the District, of Utah. This is a suit to quiet the title to four mining claims in the West Mountains Mining District, Utah, and to bodies of ore beneath their surfaces. The allegations of the bill are briefly these; Complainant owns the Jordan Extension, Grizzly, Northern Light, and Fairview claims, and also the bodies of ore vertically beneath their surfaces, and is in possession of these claims and engaged in working them, with two other claims hereinafter mentioned, as- one property for mining purposes. Defendants claim to own the…
1Opinion of the CourtVan Devanter, Circuit Judge
The elements of federal jurisdiction being present, a right of action created or enlarged by the laws of a state and made enforceable in its courts of general jurisdiction is equally enforceable in the federal courts sitting in that state; but, notwithstanding the procedure prescribed by the laws of the state, the enforcement in the federal courts can be by suit in equity only where there is not a plain, adequate, and complete remedy at law, according to the distinction between actions at law and suits in equity prevailing in those courts. Rev. St. § 723 [U. S. Comp. St. 1901, p. 583] ; Clark…
2Cases cited33 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Scott v. NeelySupreme Court of the United States · 1891
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Holland v. ChallenSupreme Court of the United States · 1884
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
28 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Stuart v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1910
- Ames v. Empire Star Mines Co., Ltd.California Supreme Court · 1941
- Keely v. Ophir Hill Consol. Mining Co.Court of Appeals for the Eighth Circuit · 1909
- Butte & Superior Copper Co. v. Clark-Montana Realty Co.Court of Appeals for the Ninth Circuit · 1918
14 more not listed; retrieve them via the Exa API.