Santaquin Mining Co. v. High Roller Mining Co.
Utah Supreme Court
Appeal from tbe Fourth District Court, Utah County. — Hon. John E. Booth, Judge. Adverse proceeding to determine the right of possession to the Silver King Mining claim. The opinion states the facts. From a judgment denying relief to either party, both parties appealed. There was no attempted delivery of the deed until after the corporation bad been fully organized. That being true, there was no execution of the deed in question, to a grantee not in esse.
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Appeal from tbe Fourth District Court, Utah County. — Hon. John E. Booth, Judge. Adverse proceeding to determine the right of possession to the Silver King Mining claim. The opinion states the facts. From a judgment denying relief to either party, both parties appealed. There was no attempted delivery of the deed until after the corporation bad been fully organized. That being true, there was no execution of the deed in question, to a grantee not in esse. The mere writing and signing of the deed did not constitute the instrument a deed. Delivery was essential to its execution; and the…
1Opinion of the Court
MARIONEAUX, District Judge.
In this case both parties have appealed from the decree of the district court, and the case, briefly stated, is as follows: The complaint alleges plaintiff’s corporate existence, and that on January 1, 1895, T. J. Kirkman, George E. Kirkman and T. W. Kirkman, duly entered upon certain vacant mineral land of the United States, and located the Silver King mining claim, and that during each year since the location the locators and their successor in interest (plaintiff) duly performed the work required by the laws relating to annual work on mining claims; that the…
2Cases cited3 opinions
- Bank v. Lumber Co.West Virginia Supreme Court · 1889
- Rotch's Wharf Co. v. JuddMassachusetts Supreme Judicial Court · 1871
- Parks v. NicholsAppellate Court of Illinois · 1886
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- Bagnall v. Suburbia Land Co.Utah Supreme Court · 1975
- Interstate Income Properties, Inc. v. La Jolla Loans, Inc.Court of Appeals of Utah · 2011
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