Tremaine v. Weatherby

The land embraced in the deed upon which it is sought to recover damages is part of the west half of the N. W. ¿ of sec., 7, township 78, range 43 west. The Boyer river runs through the government subdivision above described, and the tract which was conveyed to the plaintiff was that part which lies south and east of the river, and contains thirty acres or less. The whole tract is fractional and instead of containing 80 acres it embraces but about 52 acres. It appears that the defendant was the holder of a certificate of pre-emption for the land, which was dated December 15, 1855, and that he…