Raisbeck v. Anthony
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. This is an action in equity brought by the plaintiff, who is the owner in fee of certain lands in which is a range of mineral, against the' defendants, who claim under the discoverers of such range to be the owners'thereof. Atrial of the action resulted in a judgment for the defendants dismissing the complaint. The plaintiff appeals from such judgment.
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APPEAL from the Circuit Court for La Fayette County. This is an action in equity brought by the plaintiff, who is the owner in fee of certain lands in which is a range of mineral, against the' defendants, who claim under the discoverers of such range to be the owners'thereof. Atrial of the action resulted in a judgment for the defendants dismissing the complaint. The plaintiff appeals from such judgment. The facts in the case, and the grounds upon which the judgment rests, are fully and clearly stated in the opinion of the circuit judge. Although somewhat lengthy, the case can best be stated…
1Opinion of the CourtLyon-, J.
"We think the testimony is sufficient to sustain the finding of fact that John Anthonj'', Sr., and Wallace Dixon discovered the range of mineral in controversy, on the land of Robert Raisbeek, about the year 1872. We are *582also of the opinion that it is sufficiently alleged in the answer, by necessary implication at least, and proved, that Anthony and Dixon entered upon and prospected the lands in which the range of mineral was found by the consent and license of Bobert Baisbeck, the owner thereof. This appears from the allegations that they made such discovery of the range and paid the rent…
2Cases cited2 opinions
- Iron Silver Mining Co. v. CheesmanSupreme Court of the United States · 1886
- Stevens v. WilliamsU.S. Circuit Court for the District of Colorado · 1879
3Cited by4 opinions
- Robinson v. CommissionerUnited States Board of Tax Appeals · 1927
- St. Anthony Mining & Milling Co. v. ShaffraWisconsin Supreme Court · 1909
- Raisbeck v. AnthonyWisconsin Supreme Court · 1889
- Robinson v. CommissionerUnited States Board of Tax Appeals · 1927