Argentine Mining Co. v. Benedict
Utah Supreme Court
Appeal from the District Court of Tooele County, Hon. A. N. Cherry, Judge. Action by plaintiff in aid of a protest and adverse claim. From a judgment for the defendant plaintiff appeals. Plaintiff’s right to the conflict area depends upon either 'one of two propositions. First, the invalidity of defendant’s claim.
Read the full summary
Appeal from the District Court of Tooele County, Hon. A. N. Cherry, Judge. Action by plaintiff in aid of a protest and adverse claim. From a judgment for the defendant plaintiff appeals. Plaintiff’s right to the conflict area depends upon either 'one of two propositions. First, the invalidity of defendant’s claim. Second, that defendant’s claim as surveyed for patent is not the same as the original location, but that the same was changed or sprung by changing the point of discovery or the corner stakes or both. “The location must be distinctly marked on the ground, so that its boundaries can…
1Opinion of the CourtBartch, J.
This action was brought to determine the adverse claims’of the parties to the right of possession of certain mining ground. The plaintiff claims under the Eanger and Hanley locations, the former having been made in 1891, the latter, January 1, 1897. The defendant claims under the Last Turn location, which was made January 1, 1889, and was practically a relocation of the West Side claim, which was a relocation of the Clipper, the latter having been first located in 1872. It is shown by the evidence that the Ranger claim was located by one E. H. Uhlig, and afterwards conveyed by him to the…
2Cases cited4 opinions
- Haws v. Victoria Copper Mining Co.Supreme Court of the United States · 1895
- Burkhart v. ReedIdaho Supreme Court · 1889
- Utah Mining & Manufacturing Co. v. Dickert & Myers Sulphur Co.Utah Supreme Court · 1889
- Largey v. BartlettMontana Supreme Court · 1896
3Cited by7 opinions
- Miscovich v. TryckAlaska Supreme Court · 1994
- Golden Giant Mining Co. v. HillNew Mexico Supreme Court · 1921
- Null v. Superior CourtCalifornia Court of Appeal · 1906
- O'Neill v. OteroNew Mexico Supreme Court · 1910
- Thompson v. BurkDistrict Court, D. Alaska · 1904
2 more not listed; retrieve them via the Exa API.