Mountain View Mining Milling Company v. Fadden, No. 162

CourtUnited States Supreme Court
Writing for the CourtFuller
Citation180 U.S. 533,45 L.Ed. 656,21 S.Ct. 488
PartiesMOUNTAIN VIEW MINING & MILLING COMPANY, Appt. , v. W. D. McFADDEN, David O'Neil, Charles W. Vedder, and W. E. Harris
Decision Date25 March 1901
Docket NumberNo. 162

180 U.S. 533
21 S.Ct. 488
45 L.Ed. 656
MOUNTAIN VIEW MINING & MILLING COMPANY, Appt.,

v.

W. D. McFADDEN, David O'Neil, Charles W. Vedder, and W. E. Harris.

No. 162.
Submitted March 5, 1901.
Decided March 25, 1901.

Messrs. W. B. Heyburn and L. A. Doherty for appellant.

Messrs. A. B. Browne, Alex. Britton, and W. T. Stoll for appellees.

Page 534

Mr. Chief Justice Fuller delivered the opinion of the court:

The Mountain View Mining & Milling Company had made application for a patent on a certain lode-mining claim in the land office at Spokane, Washington, against which McFadden and others duly filed their protest and adverse claim, and thereupon brought this action 'in aid of their said adverse claim, and to determine the right of possession,' in the superior court of Stevens county, Washington, which was removed on the mining company's petition into the circuit court of the United States for the district of Washington, but not on the ground of diverse citizenship. Plaintiffs moved to remand the cause, and the motion was denied.

The petition for removal set up 'that the controversy herein is a suit of a civil nature arising under the Constitution and laws of the United States, brought in pursuance of the provisions of § 2326 of the Revised Statutes of the United States, providing for the filing of adverse claims against the application for patent for mining claims, and the bringing of suits in support of said adverse claims.'

The petition also set forth that the construction of two acts of Congress was involved, namely, an act approved July 1, 1892 (27 Stat. at L. 62, chap. 140), entitled 'An Act to Provide for the Opening of a Part of the Colville Reservation, in the State of Washington, and for Other Purposes,' and an act of February 20, 1896 (29 Stat. at L. 9, chap. 24), entitled 'An Act to Extend the Mineral Land Laws of the United States to Lands Embraced in the North Half of the Colville Indian Reservation.' But the jurisdiction of the circuit court on removal depended on plaintiffs' statement of their own claim, and that only disclosed an action brought in support of an adverse mining claim.

In Blackburn v. Portland Gold In. Co. 175 U. S. 571, 44 L. ed. 276, 20 Sup. Ct. Rep. 222, and Shoshone Min. Co. v. Rutter, 177 U. S. 505, 44 L. ed. 864, 20 Sup. Ct. Rep. 726, we held that a suit brought in support of an adverse claim under the Revised Statutes, §§ 2325, 2326, was not a suit arising under the laws of the United States in...

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37 practice notes
  • Boillot v. Income Guar. Co., No. 19139.
    • United States
    • Court of Appeal of Missouri (US)
    • May 23, 1938
    ...S. Ct. 273, 63 L. Ed. 597. (e) Judicial knowledge cannot be resorted to to raise controversies not presented by the record. 6 R.C.L. 1062; 180 U.S. 533, 21 S. Ct. 488, 45 L. Ed. 656; Mutual Life Ins. Co. v. McGraw, 188 U.S. 291, 23 S. Ct. 376, 47 L. Ed. 480, 63 L.R.A. 33. The Kansas City Co......
  • Parravano v. Babbitt, No. 94-16727
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 16, 1995
    ...131 F. 39, 41-42 (9th Cir.1904); McFadden v. Mountain View Mining & Milling Co., 97 F. 670, 673 (9th Cir.1899), rev'd on other grounds 180 U.S. 533, 21 S.Ct. 488, 45 L.Ed. 656 With respect to the Hoopa Valley and Yurok Tribes, the California courts concluded nearly two decades ago that, as ......
  • U.S. v. Southern Pac. Transp. Co., Nos. 74-3333
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 10, 1976
    ...131 F. 39, 41-42 (9th Cir. 1904); McFadden v. Mountain View Mining & Milling Co., 97 F. 670, 673 (9th Cir. 1899), rev'd on other grounds, 180 U.S. 533, 21 S.Ct. 488, 45 L.Ed. 656 (1901). Congress also, at least in practice, has not discriminated against executive order reservations. See Not......
  • Superx Drugs Corp. v. Michigan Bd. of Pharmacy, No. 6
    • United States
    • Supreme Court of Michigan
    • November 11, 1966
    ...be had to judicial knowledge to raise controversies not presented by the pleadings.' (Mountain View Mining & Milling Co. v. McFadden, 180 U.S. 533, 21 S.Ct. 488, 45 L.Ed. 656 I suppose it might be said that in this special statutory procedure that before the decision of the board there were......
  • Request a trial to view additional results
37 cases
  • Boillot v. Income Guar. Co., No. 19139.
    • United States
    • Court of Appeal of Missouri (US)
    • May 23, 1938
    ...S. Ct. 273, 63 L. Ed. 597. (e) Judicial knowledge cannot be resorted to to raise controversies not presented by the record. 6 R.C.L. 1062; 180 U.S. 533, 21 S. Ct. 488, 45 L. Ed. 656; Mutual Life Ins. Co. v. McGraw, 188 U.S. 291, 23 S. Ct. 376, 47 L. Ed. 480, 63 L.R.A. 33. The Kansas City Co......
  • Parravano v. Babbitt, No. 94-16727
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 16, 1995
    ...131 F. 39, 41-42 (9th Cir.1904); McFadden v. Mountain View Mining & Milling Co., 97 F. 670, 673 (9th Cir.1899), rev'd on other grounds 180 U.S. 533, 21 S.Ct. 488, 45 L.Ed. 656 With respect to the Hoopa Valley and Yurok Tribes, the California courts concluded nearly two decades ago that, as ......
  • U.S. v. Southern Pac. Transp. Co., Nos. 74-3333
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 10, 1976
    ...131 F. 39, 41-42 (9th Cir. 1904); McFadden v. Mountain View Mining & Milling Co., 97 F. 670, 673 (9th Cir. 1899), rev'd on other grounds, 180 U.S. 533, 21 S.Ct. 488, 45 L.Ed. 656 (1901). Congress also, at least in practice, has not discriminated against executive order reservations. See Not......
  • Superx Drugs Corp. v. Michigan Bd. of Pharmacy, No. 6
    • United States
    • Supreme Court of Michigan
    • November 11, 1966
    ...be had to judicial knowledge to raise controversies not presented by the pleadings.' (Mountain View Mining & Milling Co. v. McFadden, 180 U.S. 533, 21 S.Ct. 488, 45 L.Ed. 656 I suppose it might be said that in this special statutory procedure that before the decision of the board there were......
  • Request a trial to view additional results

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