Peachy v. Frisco Gold Mines Co.
District Court, D. Arizona
At Law. Ejectment by Fred S. Peachy against the Frisco Gold Mines Company. On motion by plaintiff for judgment on the pleadings, and. in the event the motion is denied, then to strike out paragraph 13 of the defendant's answer, pleading a state court judgment in a case between plaintiff and defendant’s predecessors in interest (Peachy v. Gaddis [Ariz.] 127 Pac. 139) as res judicata of certain issues raised in the present action.
1Opinion of the Court
MORROW, Circuit Judge.
The action is in ejectment to recover possession of certain unpatented mining claims in the San Francisco mining district, in Mohave county, in this state.
1. It is conceded by the plaintiff that on December 31, 1907, one D. M. Gaddis and W. E. Sauls, the defendant’s predecessors in interest, were the undisputed owners and in possession of the claims in controversy under valid locations, but it is alleged, in substance, in the bill of complaint that during the year 1907 Gaddis and Sauls conspired and agreed together to do no work and perform no labor upon or for the…
2Cases cited1 opinion
- Peachy v. GaddisArizona Supreme Court · 1912
3Cited by7 opinions
- Sunburst Minerals, LLC v. Emerald Copper Corp.District Court, D. Arizona · 2018
- Crane v. FrenchCalifornia Court of Appeal · 1940
- Borgos v. PriceNew York Supreme Court · 1931
- Clarke v. MalloryCalifornia Court of Appeal · 1937
- Kile v. BelisleAlaska Supreme Court · 1988
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