Stevens v. Grand Central Min. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Utah. This was a suit in equity to enforce a constructive trust in favor of the appellants in a mining claim patented by the United States to Henry Ivohl and Charles H. Blanchard, two of the appellees.
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Appeal from the Circuit Court of the United States for the District of Utah. This was a suit in equity to enforce a constructive trust in favor of the appellants in a mining claim patented by the United States to Henry Ivohl and Charles H. Blanchard, two of the appellees. The suit was commenced March 11, 1901. and the case made by the material allegations of the amended bill is substantially as follows: Subject to the paramount title of the United States, one Timothy Kelly and the defendant Kohl were the joint and equal owners, entitled to the possession and in actual possession, of four…
1Opinion of the Court
VAN DEVANTER,
Circuit Judge, after stating the case as above, delivered the opinion of the court.
The general rule that co-tenants stand in a relation to one another of mutual trust and confidence, that one will not be permitted to act in hostility to the others in respect of the joint estate, and that a distinct title acquired by one will inure to the benefit of all, applies with full force to the joint owners of a mining claim. A co-owner who amends the location notice, relocates the claim, or procures the issuance of a patent in his name, will not be permitted to thus exclude the other…
2Cases cited30 opinions
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Townsend v. VanderwerkerSupreme Court of the United States · 1895
- Ide v. Trorlicht, Duncker & Renard Carpet Co.Court of Appeals for the Eighth Circuit · 1902
25 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Russell v. ToddSupreme Court of the United States · 1940
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- Taylor v. Salt Creek Consol. Oil Co.Court of Appeals for the Eighth Circuit · 1922
- Davis v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1910
- Wilson v. Plutus Mining Co.Court of Appeals for the Eighth Circuit · 1909
21 more not listed; retrieve them via the Exa API.