Eccles v. Union Pacific Coal Co.
Utah Supreme Court
Appeal from tbe Seventh judicial district court, Carbon county. Hon. W. M. McCarty, Judge. Action by John H. Eccles against the Union Pacific Coal Company and others to recover damages for forcible and unlawful detainer. There was a verdict for plaintiff, the amount of which the court declined to treble; and, from a judgment entered thereon, plaintiff appeals.
1Opinion of the Court
Minsk, J.:
Plaintiff, on the 17th day of August, 1891, made settlement under the homestead laws of the United States upon a part of the unoccupied domain in question in this case, duly obtained his certificate of entry from the receiver *16of the United States land office, and otherwise complied with the laws of the United States with reference thereto, and has been in possession of the same ever since, except 35 acres thereof, which the defendant, a corporation, has unlawfully, forcibly, and by threats, prevented the plaintiff from occupying; that on the 16th day of October, 1894, plaintiff…
2Cases cited11 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- Whittaker v. PendolaCalifornia Supreme Court · 1889
- Conroy v. DuaneCalifornia Supreme Court · 1873
- Kitts v. AustinCalifornia Supreme Court · 1890
- Missoula Electric Light Co. v. MorganMontana Supreme Court · 1893
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3Cited by4 opinions
- Forrester v. CookUtah Supreme Court · 1930
- Fowler v. SeiterCourt of Appeals of Utah · 1992
- First Nat. Bank in Albuquerque v. TannyNew Mexico Supreme Court · 1947
- Hargrave v. LeighUtah Supreme Court · 1928