Bullion Beck & Champion Mining Co. v. Eureka Hill Mining Co.
Utah Supreme Court
Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge. Action by the Bullion Beck & Champion Mining Company against the Eureka Iiill Mining Company. Judgment for plaintiff. Defendant appealed. appellant's points. Where the circumstances of the case show that the courses and distances are more reliable tests of the location of the land than the monuments found upon the ground, then courses and distances will prevail.
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Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge. Action by the Bullion Beck & Champion Mining Company against the Eureka Iiill Mining Company. Judgment for plaintiff. Defendant appealed. appellant's points. Where the circumstances of the case show that the courses and distances are more reliable tests of the location of the land than the monuments found upon the ground, then courses and distances will prevail. See the general discussion in 4 Am. and Eng. of Law (2d Ed.), p. 784, et seq.; White v. Dunning, 93 U. S-. 514, 525; Johnson v. Archibald, 22 Am. St. Hep-. 27;…
1Opinion of the CourtMcOANTY, J.
This is an appeal from a judgment rendered in favor of the plaintiff for $33,891.22, damages for an alleged trespass by defendant upon plaintiff’s property.
The parties are the owners of adjoining mining claims situate in Tintic mining district in Juab County, this state.Prior to the year 1888 certain controversies existed between them respecting the true boundary of the lode which lay partly within the property of plaintiff and partly within that of defendant. In consequence of such controversy, the board of trustees of plaintiff company met July 2, 188.8, and passed the following resolution:
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2Cited by3 opinions
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- Finlayson v. Denver & R. G. W. R.Utah Supreme Court · 1946