Kahn v. Old Telegraph Mining Co.
Utah Supreme Court
Appeal from the Third Judicial District Court. The facts appear in the opinion. The first error alleged is that the motion to strike out the supplemental answer was refused by the court below.
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Appeal from the Third Judicial District Court. The facts appear in the opinion. The first error alleged is that the motion to strike out the supplemental answer was refused by the court below. There being, as shown by the evidence, no surface conflict between the “ Montreal ” claim, and the “ No You Don’t,” “ Nez Perces Chief,” and “Third Extension of the Telegraph ” claims, and therefore no opportunity to file any protest or adverse claim, these patents were issued ex parte as to the plaintiff, and if any conflict afterwards arose by development, the patents had no tendency to decide that…
1Opinion of the CourtEmeRSON, J.
The appellant, who was plaintiff in the court below, in April, 1876, brought an action of ejectment against the respondents, to recover an undivided one-third of the Montreal mining claim, and in his complaint sets out a possessory title under a location of the claim on the 6th day of June, 1873, and a subsequent compliance with the mining laws and customs by the locators and their grantees. The appellant alleged title by a grant of one-third (five hundred feet) from two of the locators, on the 19th day of December, 1874; an ouster by respondents April 10, 1876, and a subsequent unlawful…
2Cases cited14 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Basey v. GallagherSupreme Court of the United States · 1875
- Bagley v. WardCalifornia Supreme Court · 1869
- Bruck v. TuckerCalifornia Supreme Court · 1871
- Smith v. . CountrymanNew York Court of Appeals · 1864
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3Cited by15 opinions
- Fitzgerald v. ClarkMontana Supreme Court · 1895
- Harrington v. ChambersUtah Supreme Court · 1881
- Last Chance Min. Co. v. Tyler Min. Co.Court of Appeals for the Ninth Circuit · 1894
- Tyler Mining Co. v. SweeneyCourt of Appeals for the Ninth Circuit · 1893
- Tom Reed Gold Mines Co. v. United Eastern Mining Co.Arizona Supreme Court · 1922
10 more not listed; retrieve them via the Exa API.