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CAMPBELL V. RANKING, 99 U. S. 261 (1878)

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U.S. Supreme Court

Campbell v. Ranking, 99 U.S. 261 (1878)

Campbell v. Ranking

99 U.S. 261

Syllabus

1. An affidavit for the continuance of a cause does not become a part of the record, so that effect can be given to it during the trial, unless it is properly introduced as evidence for some legitimate purpose by one of the parties.

2. In trespass quare clausum fregit, actual possession of the land by the plaintiff is sufficient evidence of title to authorize a recovery against a mere trespasser.

3. The judgment of a court of competent jurisdiction is, as to every issue decided in the suit, conclusive upon the parties thereto, and in a subsequent suit between them, parol evidence, whenever it becomes necessary in order to show what was tried in the first suit, is admissible.

4. While the record of a mining district is the best evidence of the rules and customs governing its mining interests, it is not the best or the only evidence of the priority or extent of a party's actual possession.

5. The fifth section of the act entitled "An Act to promote the development of the mining resources of the United States," approved May 10, 1872, 17 Stat. 91, gives no greater effect to the record of mining claims than is given to the records kept pursuant to the registration laws of the respective states, and does not exclude as prima facie evidence of title proof of actual possession, and of its extent.

The facts are stated in the opinion of the Court.





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