Legal Opinion

Washington Rock Co. v. Young

Utah Supreme Court

Decided April 8, 1905No. 1565PublishedCited by 21 opinions

Appeal from District Court, Salt Lake County; C. W. Morse, Judge. Action by tbe Washington Rock Company against Le Grand 'Young and another. From a judgment in favor of plaintiff, defendant Young appeals. Statement of facts. This is a controversy over a lost boundary or survey.

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Appeal from District Court, Salt Lake County; C. W. Morse, Judge. Action by tbe Washington Rock Company against Le Grand 'Young and another. From a judgment in favor of plaintiff, defendant Young appeals. Statement of facts. This is a controversy over a lost boundary or survey. The plaintiff is the owner of the northeast quarter of the southeast quarter, and the appellant of the northwest quarter of the southeast quarter, of section 12, township 1 south, of range 1 east, Salt Lake meridian. Along the boundary line between the two tracts is located a stone quarry, which, if the line is as…

1Opinion of the Court

A statement of tbe case as above having been made,

BARTCH, C. J.,

delivered tbe opinion of tbe court as follows :

Tbe decisive question in tbis case is whether at tbe close of tbe evidence tbe court erred in refusing to instruct tbe jury to return a verdict in favor of tbe appellant. We understand tbe contention of tbe appellant to be that there is no conflict in tbe evidence as to tbe material facts which must control in tbis controversy, that tbe law applicable to those facts gives him an undoubted right to tbe thing in dispute, and that therefore tbe question involved was one of law for tbe…

2Cases cited12 opinions

  1. Shepley v. CowanSupreme Court of the United States · 1876
  2. Stark v. StarrsSupreme Court of the United States · 1868
  3. Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879
  4. Clement v. PackerSupreme Court of the United States · 1888
  5. Martz v. WilliamsIllinois Supreme Court · 1873

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Elliott v. NelsonTexas Supreme Court · 1923
  2. Glenn v. Whitney Et Ux.Utah Supreme Court · 1949
  3. Titus v. ChapmanSouth Dakota Supreme Court · 2004
  4. Bountiful v. RileyUtah Supreme Court · 1989
  5. Moyer v. LangtonUtah Supreme Court · 1910

16 more not listed; retrieve them via the Exa API.

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