Kemmerer Coal Co. v. Brigham Young University

SEYMOUR, Circuit Judge.

The ultimate question in this quiet title diversity action is which of the parties will suffer the consequences of an assessor’s mistake. Plaintiff Kemmerer Coal Company (Kemmerer) and defendants Brigham Young University and Duane and Velma Frandsen (collectively referred to as “BYU”) contest under Utah law the ownership of coal deposits to which both plaintiff and defendants hold title. Kemmerer traces its title to a 1907 coal deed, while BYU traces title to a 1954 tax sale deed conveying “underground rights” in the lands in question. BYU appeals from the trial court’s…