Legal Opinion

Wasatch Mining Co. v. Crescent Mining Co.

Supreme Court of the United States

Decided March 27, 1893No. 135PublishedCited by 21 opinions

APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP UTAH. ' The record discloses that the Crescent Mining Company filed its complaint against the Wasatch Mining Company in the District Court of the Third'Judicial District of Utah Territory; that an answer denying the allegations of the complaint was duly filed; that evidence was taken on behalf of the respective parties; that the action, was tried by the court sitting without a jury; and that the court made the following…

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APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP UTAH. ' The record discloses that the Crescent Mining Company filed its complaint against the Wasatch Mining Company in the District Court of the Third'Judicial District of Utah Territory; that an answer denying the allegations of the complaint was duly filed; that evidence was taken on behalf of the respective parties; that the action, was tried by the court sitting without a jury; and that the court made the following findings of fact; “ In July, 1886, said plaintiff contracted to buy of defendant and defendant agreed to sell to plaintiff…

1Opinion of the Court

Mt?.. Justice Shiras,

after stating the case, delivered the opinion of the court.

This was a suit brought in the District Court of the Territory of Utah by the Crescent Mining Company against the Wasatch Mining Company for the reformation of a deed, made by the latter to the former, so as to make it embrace and include a certain piece or parcel of land claimed to have been wrongfully omitted from the deed.

Under the -act entitled “ An act concerning the practice in territorial courts and appeals therefrom,” approved April 7, 1874, (18 Stat. p. 27,) if the findings of the District Court are…

2Cases cited2 opinions

  1. Stringfellow v. CainSupreme Court of the United States · 1879
  2. Tyng v. . Commercial Warehouse Co.New York Court of Appeals · 1874

3Cited by21 opinions

  1. Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
  2. Merchants' Ins. Co. of Newark v. BucknerCourt of Appeals for the Sixth Circuit · 1899
  3. Crescent Mining Co. v. Wasatch Mining Co.Supreme Court of the United States · 1894
  4. James v. NelsonCourt of Appeals for the Ninth Circuit · 1937
  5. Anderson v. United StatesCourt of Appeals for the Ninth Circuit · 1946

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