Billings v. Aspen Min. & Smelting Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. In Equity. Bill by Margaret Billings and others against the Aspen Mining & Smelting Company, asserting the rights of complainants in a mine as the heirs at law of William James Wood, one of the original locators. The circuit court dismissed the bill on the merits, and complainants appealed. The circuit court of appeals reversed this decree, (see 51 Fed.
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Appeal from the Circuit Court of the United States for the District of Colorado. In Equity. Bill by Margaret Billings and others against the Aspen Mining & Smelting Company, asserting the rights of complainants in a mine as the heirs at law of William James Wood, one of the original locators. The circuit court dismissed the bill on the merits, and complainants appealed. The circuit court of appeals reversed this decree, (see 51 Fed. Rep. 338,) and the defendants now petition for a rehearing. Denied.
1Opinion of the Court
Shiras, District Judge.
Upon the filing of the opinion in this cause, counsel for appellees submitted a petition for rehearing, supported by briefs, in which it is strenuously contended that the court erred in holding that it was not open to the appellees to aver that William J. Wood was an alien, and therefore could not acquire any right or title in the mining claim located by him in conjunction with Fisk and Fitzpatrick.
It is urged that mining interests and rights form an exception to the general rule that the right to defeat a title to realty on the ground of alienage is reserved only to…
2Cases cited2 opinions
- Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
- O'REILLY v. CampbellSupreme Court of the United States · 1886
3Cited by11 opinions
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Vandervelden v. Chicago & N. W. Ry. Co.District Court, N.D. Iowa · 1894
- Wilson v. Triumph Consolidated Mining Co.Utah Supreme Court · 1899
- Lone Jack Min. Co. v. MegginsonCourt of Appeals for the Ninth Circuit · 1897
- Price v. ConnorsCourt of Appeals for the Ninth Circuit · 1906
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