Muldoon v. Brown
Utah Supreme Court
Appeal from the Fifth District Court, Juab County, Hon. E. Y. Higgins, Judge. Action on a protest and adverse claim to determine the ownership and right of possession of certain mining ground. From a judgment for defendants, plaintiffs appealed. A bill for relief on the ground'of fraud must be specific in stating facts which constitute the' fraud; it is not sufficient to charge fraud in general terms.
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Appeal from the Fifth District Court, Juab County, Hon. E. Y. Higgins, Judge. Action on a protest and adverse claim to determine the ownership and right of possession of certain mining ground. From a judgment for defendants, plaintiffs appealed. A bill for relief on the ground'of fraud must be specific in stating facts which constitute the' fraud; it is not sufficient to charge fraud in general terms. Without the averment of such facts the expressions “fraudulently,” “deceitfully,” “by mistake,” will not bring the case within the equitable jurisdiction even on a demurrer to the bill. Section…
1Opinion of the CourtMinee, J.
In 1898 respondents filed an application for a United States patent to the Gold Iiaven Lode Mining Claim in State Line Mining District, Iron County, Utah. Appellants thereafter filed their adverse claim and protest to said application for a patent as owners of the Blackbird mining *123claim in said district, and commenced this action to determine the ownership and right of possession to the premises in question, claiming a conflict area between said mining claims, and asked for a determination of the right of patent to said conflicting area.
The Gold Haven claim covers a large part of the…
2Cases cited1 opinion
- Wilson v. SullivanUtah Supreme Court · 1898
3Cited by6 opinions
- Peterson v. RichardsUtah Supreme Court · 1928
- Hall v. McKinnonCourt of Appeals for the Ninth Circuit · 1911
- Abba v. SmythUtah Supreme Court · 1899
- Loofbourow v. HicksUtah Supreme Court · 1901
- Rawson v. HardyUtah Supreme Court · 1935
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