Legal Opinion

Harrington v. Chambers

Utah Supreme Court

Decided June 15, 1881PublishedCited by 19 opinions

Appeal from the third district. -The opinion states the facts. It was incompetent to attaek the title of. the Switzerland by showing that some claim not in controversy or owned by either party, had a better title. If such attack in- any case would be proper, it could not be made by proof of the declarations of a third person. The second and thirteenth assignments of error in law may be considered together.

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Appeal from the third district. -The opinion states the facts. It was incompetent to attaek the title of. the Switzerland by showing that some claim not in controversy or owned by either party, had a better title. If such attack in- any case would be proper, it could not be made by proof of the declarations of a third person. The second and thirteenth assignments of error in law may be considered together. The fifth finding of fact shows no work was done on the Parley’s Park claim for more than a year before the location of the Accidental. For this reason the Accidental was located. This…

1Opinion of the Court

Emerson, J.:

The appellants having made application for the government title to certain mining ground known as the Switzerland claim, the respondents filed an adverse claim to a portion of the premises, under a mining claim known as the Parley’s Park, and thereupon commenced this action to determine the right of possession of the ground in controversy.

The case was tried by P. L. Williams, esq., referee, and upon his report of findings of fact and conclusions of law, a decree was rendered in favor of the respondents. A motion for a new trial was made, which was overruled. Thereupon this appeal…

2Cases cited5 opinions

  1. English v. JohnsonCalifornia Supreme Court · 1860
  2. Mount Diablo Mill & Mining Co. v. CallisonU.S. Circuit Court for the District of Nevada · 1879
  3. Kahn v. Old Telegraph Mining Co.Utah Supreme Court · 1880
  4. Higbie v. . Guardian Mutual Life Insurance Co. of New YorkNew York Court of Appeals · 1873
  5. Walker v. PopperUtah Supreme Court · 1880

3Cited by19 opinions

  1. Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
  2. Fayter v. NorthUtah Supreme Court · 1906
  3. Rummell v. BaileyUtah Supreme Court · 1958
  4. Lehi Irrigation Co. v. MoyleUtah Supreme Court · 1886
  5. Burke v. McDonaldIdaho Supreme Court · 1892

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