Russell v. Hacking

FOLLAND, Justice.

This is a controversy over a right to possession of 640 acres of land described as section 1, township 5 south, range 4 west, Salt Lake meridian. The plaintiff and defendant Wayne Hacking each claim priority of possession as prospective entrants under the Stockraising Homestead Law. The defendant Ault makes no claim to the land, and he will not be referred to hereafter. The subject-matter of the case is unsurveyed and uninclosed mountainous grazing land located in Tooele county, Utah. The trial court made findings favorable to the defendant, and entered a decree that, as…