Legal Opinion

Crescent Mining Co. v. Wasatch Mining Co.

Supreme Court of the United States

Decided January 22, 1894No. 180PublishedCited by 20 opinions

APPEAL EE0M THE SUPEEME COURT OF THE • TERRITORY OE UTAH. ÍN the year 1883 the Wasatch Mining Company, a corporation under the laws of Utah Territory, brought an action in the District Court for the Third Judicial District of that Territory, against William and Joseph A. Jennings, to recover possession of. a certain tract of mining land, situated in Uintah mining district, Summit County.

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APPEAL EE0M THE SUPEEME COURT OF THE • TERRITORY OE UTAH. ÍN the year 1883 the Wasatch Mining Company, a corporation under the laws of Utah Territory, brought an action in the District Court for the Third Judicial District of that Territory, against William and Joseph A. Jennings, to recover possession of. a certain tract of mining land, situated in Uintah mining district, Summit County. That action was, at the time of the events subsequently narrated, and still is, pending and undecided. The Crescent Mining Company, likewise a corporation organized under the laws of Utah Territory, desiring…

1Opinion of the CourtJustice Shiras

Our examination of this record fails to disclose any error in the decree appealed from.

The' proceedings in the District Court of the Territory of Utah, to enforce the mortgage given by the Crescent Mining Company to the "Wasatch'Mining Company, were certainly in pursuance of the terms of that instrument. The defence raised by demurrer, that the Crescent Company could not pay the purchase money into the court until an order of the court permitting such payment had been procured, and that the Crescent Company, not being a party of record, could not procure such order, was not sound, because…

2Cases cited1 opinion

  1. Wasatch Mining Co. v. Crescent Mining Co.Supreme Court of the United States · 1893

3Cited by20 opinions

  1. Laycock v. ParkerWisconsin Supreme Court · 1899
  2. Board of Education of the Granite School District v. Salt Lake CountyUtah Supreme Court · 1983
  3. Spalding v. MasonSupreme Court of the United States · 1896
  4. Dexter & Carpenter, Inc. v. HoustonCourt of Appeals for the Fourth Circuit · 1927
  5. Lignell v. BergUtah Supreme Court · 1979

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