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PARLEY'S PARK SILVER MINING CO. V. KERR, 130 U. S. 256 (1889)

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U.S. Supreme Court

Parley's Park Silver Mining Co. v. Kerr, 130 U.S. 256 (1889)

Parley's Park Silver Mining Company v. Kerr

No. 154

Submitted January 8, 1889

Decided April 1, 1889

130 U.S. 256

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF UTAH

Syllabus

In Utah, a complaint which alleges that the plaintiff is owner and in possession of land, that the defendant claims an adverse interest or estate therein, that such claim is without legal or equitable foundation and is void, and that it is a cloud on the plaintiff's title and embarrasses him in the use and disposition of his property and depreciates his property, and which prays for equitable relief in these respects, is sufficient to require the adverse claim on the part of the defendant to be set up, inquired into, and judicially determined, and the question of title finally settled.

The question under Rev.Stat. § 2319 as to what customs and rules of miners in a mining district not inconsistent with the laws of the United States are in force in the district when an application is made for a patent of mineral land is one of fact determinable by the Commissioner of the Land Office.





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