Scheel v. Alhambra Min. Co.
U.S. Circuit Court for the District of Nevada
This is a bill in equity to quiet title to the Metropolitan mine and mining claims, owned by tlu; plaintiff. The suit was commenced in the state court, and thereafter removed to this court, on motion of defendant, upon the ground of diversity of citizenship of the parties.
Read the full summary
This is a bill in equity to quiet title to the Metropolitan mine and mining claims, owned by tlu; plaintiff. The suit was commenced in the state court, and thereafter removed to this court, on motion of defendant, upon the ground of diversity of citizenship of the parties. The bill, as reformed in this court, charges that defendant, in running a tunnel through and near plaintiff's mine, wrongfully and unlawfully, without plaintiff’s consent, dumped and deposited waste rock and earth from said tunnel upon plaintiff’s claim; that defendant claims an estate and interest in rhe Metropolitan mine…
1Opinion of the Court
HAWLEY, District Judge (orally).
Did the right to use the surface ground at the mouth of the tunnel as a dump pass by the con*823veyance from the plaintiff to the defendant of the tunnel right as an incident or appurtenant to the land conveyed? Tin; deed was a bargain and sale deed. It granted, bargained, sold, and conveyed the premises described in the statement of facts, “together with all and singular the * * ” appurtenances thereto belonging.” The conveyance of the land through which the tunnel runs would he of but little, if any, value without the use of the surface ground at the mouth…
2Cases cited14 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Cave v. CraftsCalifornia Supreme Court · 1878
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Ward v. . WarrenNew York Court of Appeals · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Schwab v. Smuggler-Union Mining Co.Court of Appeals for the Eighth Circuit · 1909
- Himrod v. Ft. Pitt Min. & Mill. Co.Court of Appeals for the Eighth Circuit · 1915
- Park City Meat Co. v. Comstock Silver King Mining Co.Utah Supreme Court · 1909
- Carroll v. ManierreWisconsin Supreme Court · 1912