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Seymour v. Slide and Spur Gold Mines, 153 U.S. 523 (1894)

Seymour v. Slide and Spur Gold Mines

No. 263

Argued March 15, 1894

Decided May 14, 1894

153 U.S. 523


One who holds possession of real estate as manager for or under another cannot, when sued in ejectment by his principal, dispute the principal's title.

When such agent admits the relation and the title of his principal, there is no impropriety in the court's directing a verdict for the plaintiff.

The state only can challenge the right of a foreign corporation to take and hold real estate within its limits.

Page 153 U. S. 524

This was an action in the nature of an action of ejectment, commenced October 18, 1889, by the Slide and Spur Golden Mines (Limited) in the Circuit Court of the United States for the District of Colorado to recover the possession of the mining properties which were the subject of the controversy in the case just decided, wherein said company was appellant and Ellen R. Seymour, the wife of defendant, and William G. Pell were appellees. The complaint was in the ordinary form, alleging that the plaintiff was seized in fee of the premises, and that the possession was wrongfully detained by the defendant. The answer, besides a general denial of the allegations of the complaint, set forth at length the transactions between Mrs. Seymour and Mr. Pell, the prior owners of the properties, and the plaintiff, which were noted in the opinion in the former case. A reply having been filed, the case, on June 28, 1890, went to trial before a jury. Under direct instructions from the court, the jury returned a verdict for the plaintiff. Judgment having been entered thereon, defendant sued out this writ of error.

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