United States Min. Co. v. Lawson.

Citations

• 115 F. 1005
• 1902 U.S. App. LEXIS 4985

Syllabus

<p>1. Federal Courts — Equity Jurisdiction — Suits to Quiet Title.</p> <p>A federal court of equity, though sitting in a state where by statute a suit to quiet title or to determine an adverse claim may be brought, regardless of possession, cannot entertain such a suit by the holder of the legal title unless the bill shows affirmatively either that complainant Is in possession, or that both complainant and defendant are out of possession.</p> <p>8. Same — Effect of Prater for Injunction.</p> <p>A federal court of equity is not given jurisdiction to try the title to a mining claim, where the bill does not show that complainant is without an adequate remedy at law, merely because an injunction is prayed for to prevent alleged trespasses by defendant, an adverse claimant, in removing ore from the claim.</p> <p>¶ 1. See Courts, vol. 18, Cent. Dig. § 907.</p>