Johnston v. Standard Mining Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT QF THE UNITED STATES FOR THE DISTRICT OF COLORADO. This was a bill in equity to establish the ownership of the plaintiff in one-fourth of a mining claim, known as the “ J. C. Johnston lode,” and for a decree that the defendant be required to execute a deed of the same, and to account to plaintiff 'for one-fourth of. the net proceeds of the mine.
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APPEAL FROM THE CIRCUIT COURT QF THE UNITED STATES FOR THE DISTRICT OF COLORADO. This was a bill in equity to establish the ownership of the plaintiff in one-fourth of a mining claim, known as the “ J. C. Johnston lode,” and for a decree that the defendant be required to execute a deed of the same, and to account to plaintiff 'for one-fourth of. the net proceeds of the mine. The. bill, which was originally filed in the state cóúrt against the Standard Mining Company, Isaac W. Chatfield, and other defendants, was subsequently removed to the Circuit Court of the United States, upon the petition…
1Opinion of the CourtJustice Brown
The bill was dismissed in the court below upon the ground of laches, and the correctness of its ruling in that particular is the first question presented for our consideration.
The gist of the plaintiff’s’bill is the alleged fraud of Chat-field in failing to carry out his contract of October 12, 1880, wherein he agreed, that in the event of succeeding in certain legal proceedings to be instituted by him for vesting the legal title to the Johnston claim in the plaintiff, he would convey to plaintiff an undivided one-eighth .interest in the lode free and clear of all expenses incidental to the…
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