Hanley v. Beatty

Citations

• 117 F. 59
• 54 C.C.A. 445
• 1902 U.S. App. LEXIS 4405

Syllabus

<p>1. Suit to Quiet Title—Mining Claim—Subject-Matteb in Issue.</p> <p>Under Eev. St. Idaho, § 4538, which provides that an action may be brought by any person against another who claims an estate or interest in real property adverse to him for the purpose of determining such adverse claims, where a suit in equity is brought in a federal court in that state for the cancellation of deeds to interests in a mining claim, for a decree determining the adverse claim of defendants to such interests and establishing complainant’s title thereto, and in which a receiver is.prayed for to take control of the mine and workings on said claim, and an injunction restraining defendants from taking ore therefrom pending the suit, the court has jurisdiction to determine the entire controversy between the parties respecting the mine and the ore therein, and it is the duty of the defendants to set up all defenses they may have to complainant’s claim thereto.</p> <p>2. Judgment—Matters Concluded—Defenses not Pleaded.</p> <p>A suit in equity was brought in a federal court for the cancellation of deeds to certain undivided interests in a mining claim on the ground of fraud and to establish complainant’s title to such interests. The bill alleged that the property was of no value except for the mineral it contained, but that such mineral was of a value exceeding the jurisdictional amount; that defendants had extracted and removed ore from the claim exceeding in value 8150,000. An accounting was prayed for, the appointment of a receiver to take charge of the mine, and an injunction restraining defendants from removing ore pending the suit. Defendants did not deny the jurisdictional value of the matter in dispute, nor the allegation that the sole value of the property was in the minerals it contained, and the suit was tried on its merits. Held, that the subject-matter of such suit was not merely an interest in the surface of the claim in dispute, but included also an interest in the ore being