Anthony Fargo v. McAlester Fuel Company, a Corporation

This- is an appeal from the judgment of the District Court granting appellee’s motion for summary judgment. The action below was in effect a suit to quiet title to two unpatented mining claims in which appellants claim an undivided one-fourth interest. Appellee contends that appellants own no interest in the claims. This Court’s jurisdiction is based on 28 U.S.C. § 1291 .

The mining claims on which this litigation centers are known as Victor Copper and Victory Copper No. 1, which for convenience the parties have referred to as the Victorys. The Victorys were located on January 16, 1945, by C. H. Barnes, George Fryer and Charles H. Brown. Each locator originally owned an undivided one-third interest in the claims; however, by a series of conveyances ending on August 28, 1952, Charles H. Brown acquired the interests of the other two locators. On April 4, 1966, Charles H. Brown and his wife, Julia E. Brown, contracted to sell their interest in the Victorys — stated in the contract of sale to be 65 per cent — and in ten other mining claims to appellee. They conveyed these interests to appellee on December 21,1966.

Appellants’ adverse claim is based upon a duly recorded quit…