Giberson v. Wilson
Supreme Court of Arkansas
Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; 1. The location of appellees was void for failure to mark the same on the ground, so that its boundaries could be readily traced. 72 Ark. 215, and cases cited. 2. Notwithstanding the waiver by the parties and -their submission of the cause upon a single issue, the court is not bound by such agreement in a case where the matter to be determined is the right to a patent under the laws of the United States.
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Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; 1. The location of appellees was void for failure to mark the same on the ground, so that its boundaries could be readily traced. 72 Ark. 215, and cases cited. 2. Notwithstanding the waiver by the parties and -their submission of the cause upon a single issue, the court is not bound by such agreement in a case where the matter to be determined is the right to a patent under the laws of the United States. The court is not authorized to decree that appellees had a valid location, when no location was either alleged or proved. 3. '…
1Opinion of the CourtHill, C. J.
This is an “adverse suit” authorized by sections 2325, 2326, Rev. St. of the United States, to settle conflicting rights in a mining claim.
The complaint did not contain all the allegations necessary to make out a case for the plaintiff, but did contain general allegations sufficient to make the complaint a proper basis for a good complaint, if objection had been taken to its form. It was answered on the merits, and then this stipulation entered into: “And both parties in open court waived all other points raised in the pleadings, and submitted the cause to the court upon the sole issue as to…
2Cases cited2 opinions
- Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900
- Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900
3Cited by4 opinions
- San Antonio Traction Co. v. KelleherCourt of Appeals of Texas · 1908
- Lupton v. LuptonSupreme Court of Arkansas · 1946
- Ware v. WhiteSupreme Court of Arkansas · 1906
- Little v. Farm Bureau Co-Operative Mill & Supply, Inc.Supreme Court of Arkansas · 1954