Legal Opinion · Concurrence

Mercur Coalition Min. Co. v. Cannon

Utah Supreme Court

Decided September 8, 1947No. 6993Published

1ConcurrenceWolfe, Justice

I concur. In this quiet title action the plaintiff sought to prove itself entitled to a decree quieting its title to 41 patented mining claims by:

1. Showing it derived title from Tooele County by quitclaim tax deeds, or

2. Showing actual possession under claim of ownership, thus making a prima facie case sufficient against a stranger to the title to support a judgment quieting title in the plaintiff.

Defendant disclaimed as to 16 of the claims so only 25 are here in contest.

As to showing title by the quit-claim tax deeds from Tooele County: The quit-claim deeds themselves were the only evidence…

2Cases cited5 opinions

  1. Fisher v. DavisUtah Supreme Court · 1930
  2. Asper v. MoonUtah Supreme Court · 1902
  3. Bolognese v. AndersonUtah Supreme Court · 1935
  4. Bolognese v. AndersonUtah Supreme Court · 1935
  5. Bolognese v. AndersonUtah Supreme Court · 1939

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