The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Volume 11Callaghan, 1887 - Mining law |
From inside the book
Results 1-5 of 88
Page 11
... deed . Possession of real estate by the grantee in a prior unrecorded deed is not of itself conclusive notice of the grantee's title to a subsequent purchaser whose deed is first re- corded , but such possession is evidence tending to ...
... deed . Possession of real estate by the grantee in a prior unrecorded deed is not of itself conclusive notice of the grantee's title to a subsequent purchaser whose deed is first re- corded , but such possession is evidence tending to ...
Page 12
... deeds under which the plaintiff claims , made prior to the deed under which the de- fendants claim . It appears from the statement that the deeds to Morgan , under whom the plaintiff claims , all of which were executed prior to the year ...
... deeds under which the plaintiff claims , made prior to the deed under which the de- fendants claim . It appears from the statement that the deeds to Morgan , under whom the plaintiff claims , all of which were executed prior to the year ...
Page 13
... deed , and entitled them to Rowe's interest of the one seventh so purchased by them at the constable's sale ; to which decision plaintiff then and there excepted . " Possession under an unrecorded deed evidence tending to prove notice ...
... deed , and entitled them to Rowe's interest of the one seventh so purchased by them at the constable's sale ; to which decision plaintiff then and there excepted . " Possession under an unrecorded deed evidence tending to prove notice ...
Page 14
... deed in the one case , nor the possession of the grantee of the unrecorded deed in the other , is the ultimate fact , but notice is the ultimate fact , to be estab- lished by the evidence . Upon proof being made of the rec- ord of the ...
... deed in the one case , nor the possession of the grantee of the unrecorded deed in the other , is the ultimate fact , but notice is the ultimate fact , to be estab- lished by the evidence . Upon proof being made of the rec- ord of the ...
Page 15
... deed should be found , unless he shows that he pursued the inquiry with proper diligence and failed to attain knowl- edge of the deed . See Kendall v . Lawrence , 22 Pick . 544 ; Bell v . Twil gh ' , 22 N. H. 518 ; McMechan v . Griffing ...
... deed should be found , unless he shows that he pursued the inquiry with proper diligence and failed to attain knowl- edge of the deed . See Kendall v . Lawrence , 22 Pick . 544 ; Bell v . Twil gh ' , 22 N. H. 518 ; McMechan v . Griffing ...
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Common terms and phrases
action adverse possession agreed agreement alleged amount answer appears assigned Assumpsit authority avers barrels bill coal Coleman colliery complainant concern contract conveyance copartners Cornwall Furnace Court of Chancery court of equity damages debts declared decree deed defendant defendant's delivered dissolution ditch entitled erected error evidence fact farm fee simple filed firm grant ground Grubb held hills injunction injury interest iron issue John Nash judgment jury land lease Lebanon county liable lode Lord Maute ment mineral mining claim Mining Company notice nuisance opinion owners paid parties partner patent payment persons plaint plaintiff plaintiffs in error possession premises profits purchase purpose question refused res adjudicata respect respondents rule share shareholders Slemmer Smith sold statute stream suit Supreme Court tenants in common thereof tion tract trade trial undivided verdict William Crawshay
Popular passages
Page 616 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 516 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing (3 RS 6 ed.
Page 64 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Page 649 - The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer.
Page 54 - I think, my lords, that, in a case of that description, the submission which is required from persons living in society to that amount of discomfort which may be necessary for the legitimate and free exercise of the trade of their neighbors would not apply to circumstances the immediate result of which is sensible injury to the value of the property.
Page 54 - ... the public at large. If a man lives in a street where there are numerous shops, and a shop is opened next door to him, which is carried on in a fair and reasonable way, he has no ground for complaint, because to himself individually there may arise much discomfort from the trade carried on in that shop.
Page 688 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 694 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 617 - Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse claim; but nothing in this Act shall be deemed to impair any lien which may have attached in any way whatever prior to the issuance of a patent.
Page 666 - In testimony whereof, I have caused these letters to be made patent, and the seal of the Department of the Interior of the United States to be hereunto affixed.