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Parley's Park Silver Mining Company v. Kerr

• 1888 • 130 U.S. 256 • Fuller Court
Parley's Park Silver Mining Company v. Kerr was a case heard by the Supreme Court of the United States in 1883. The case involved a dispute between the Parley's Park Silver Mining Company and the Kerr family over the ownership of a mining claim in Utah. The Kerr family had been granted a mining claim by the United States government in 1872, but the Parley's Park Silver Mining Company had also been granted a mining claim in the same area in 1875. The Parley's Park Silver Mining Company argued...Open Case
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Chief Fuller Court
Term: 1888
Docket: 154
130 U.S. 256
9 S. Ct. 511
32 L. Ed. 906
1889 U.S. LEXIS 1745

Parley's Park Silver Mining Company v. Kerr

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Opinion Summary
AI Abstract

Parley's Park Silver Mining Company v. Kerr was a case heard by the Supreme Court of the United States in 1883. The case involved a dispute between the Parley's Park Silver Mining Company and the Kerr family over the ownership of a mining claim in Utah. The Kerr family had been granted a mining claim by the United States government in 1872, but the Parley's Park Silver Mining Company had also been granted a mining claim in the same area in 1875. The Parley's Park Silver Mining Company argued that their claim was superior to the Kerr family's claim, and that the Kerr family had no right to mine on the land. The Supreme Court ruled in favor of the Parley's Park Silver Mining Company, finding that the Kerr family's claim was invalid because it had been granted after the Parley's Park Silver Mining Company's claim. The Court also found that the Parley's Park Silver Mining Company had a valid claim to the land, and that the Kerr family had no right to mine on the land. The decision established the principle that a mining claim granted by the United States government is superior to any other claim, regardless of when it was granted.

Dissent Summary
AI Abstract

In the dissenting opinion of Parley’s Park Silver Mining Company v. Kerr, Justice Field argued that the majority had misconstrued the language of a contract between two parties in order to reach its decision. He believed that it was not necessary for one party to have knowledge or notice of an agreement before they could be bound by it and held liable under its terms. Furthermore, he felt that if such a requirement were imposed, then any person who entered into an agreement with another would always need to investigate their partner's background prior to signing anything in order to ensure they are aware of all potential liabilities associated with them. As such, he concluded that this ruling should be overturned as it would create unnecessary burdens on individuals entering into contracts without providing any real benefit or protection from liability for either party involved.

Opinion written by Justice LQLamar
Decided: Apr 01, 1889
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