Elliott v. Bastian
Utah Supreme Court
Appeal from the District Court of the First Judicial' District. Hon. H. W. Smith, Judge. Action by Lord Claude Hamilton and another against-John Bastían and others to recover possession of a mine. Plaintiff Hamilton having died, the action was con“tinued in the name of his coplaintiff, John Elliott. The American Eagle Mining Company having succeeded to the interest of the original defendants, was made defendant and judgment by default was entered in its favor.
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Appeal from the District Court of the First Judicial' District. Hon. H. W. Smith, Judge. Action by Lord Claude Hamilton and another against-John Bastían and others to recover possession of a mine. Plaintiff Hamilton having died, the action was con“tinued in the name of his coplaintiff, John Elliott. The American Eagle Mining Company having succeeded to the interest of the original defendants, was made defendant and judgment by default was entered in its favor. Plaintiff Elliott having died, Edward Austin and W. E. Tipping -claiming to be his representatives, moved to set aside the judgment,…
1Opinion of the Court
KiNG, J.:
On the 2d day of May, 1883, Lord Claude Hamilton and John Elliott commenced suit against John Bastían, John Firth, and Arthur Brown, to recover possession of a certain mining property in Juab county, Utah, commonly called the “ Copperopolis Mine,” and which plaintiffs allege they owned in fee simple and were entitled to the possession of. Plaintiffs further alleged that defendants ousted them therefrom on the 25th day of March, 1883, and have ■extracted ores from said mine, of the value of $20,000. Defendants’ answer contains a specific denial of }Dlaintiffs5 averments, and alleges…
2Cases cited18 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- People v. GreeneCalifornia Supreme Court · 1887
- New Orleans v. Gaines's AdministratorSupreme Court of the United States · 1891
- People ex rel. Schwartz v. TempleCalifornia Supreme Court · 1894
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Blair v. BlairSupreme Court of Kansas · 1915
- Richards v. SiddowayUtah Supreme Court · 1970
- Poupore v. Stone-Ordean-Wells Co.Supreme Court of Minnesota · 1916
- Lees v. FreemanUtah Supreme Court · 1899
- J. P. Fowler Mfg. Co. v. City Court of Salt Lake CityUtah Supreme Court · 1919
5 more not listed; retrieve them via the Exa API.