Trafton v. Nougues
U.S. Circuit Court for the District of California
[This was a suit brought by Charles Traf-ton in the state court of'Placer county to recover for trespass upon a placer gold mining claim, and seeking an injunction restraining the working of the same by defendant, P. T. Nougues.
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[This was a suit brought by Charles Traf-ton in the state court of'Placer county to recover for trespass upon a placer gold mining claim, and seeking an injunction restraining the working of the same by defendant, P. T. Nougues. Removed to the circuit court upon defendant’s petition.] Motion to remand case to the state court, whence it came, on the ground that it does not appear from the facts alleged, either in the pleadings, or the petition asking a transfer, that the case is one arising under the constitution or laws of the United States, within the meaning of the act of congress of March…
1Opinion of the Court
SAWYER. Circuit Judge.
I have had no little difficulty in satisfactorily construing this act. In the broad sense claimed by some,. nearly all cases relating to title to lands would be swept into the national courts; for in the new states, in every action of ejectment involving a question as to the real title, one party or the other goes back to a patent, or other grant under the laws of the United States. Since the passage of the act of congress of 1866, and subsequent acts upon the same subject, expressly declaring the public lands to be free and open to exploration and occupation for mining…
2Cases cited2 opinions
- Hoadley v. San FranciscoSupreme Court of the United States · 1876
- McStay v. FriedmanSupreme Court of the United States · 1876
3Cited by13 opinions
- Austin v. GaganU.S. Circuit Court for the District of Northern California · 1889
- Theurkauf v. IrelandUnited States Circuit Court · 1886
- Blue Bird Min. Co. v. LargeyU.S. Circuit Court for the District of Montana · 1892
- Southern Pacific Railroad v. Superior CourtCalifornia Supreme Court · 1883
- Burke v. Bunker Hill & S. Mining & Concentrating Co.U.S. Circuit Court for the District of Idaho · 1891
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