Legal Opinion

Jungk v. Snyder

Utah Supreme Court

Decided April 30, 1904No. 1542PublishedCited by 4 opinions

Appeal from the Third District Court, Tooele County. — Hon. G. W. Morse, Judge. Action to quiet title to a certain mining claim. From a judgment in favor of the plaintiffs, defendant Kimberly appealed. STATEMENT OF FACTS. This is an action to quiet title to a certain patented mining claim known as the “Henrietta,” situated in Ophir mining district, Tooele county, Utah.

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Appeal from the Third District Court, Tooele County. — Hon. G. W. Morse, Judge. Action to quiet title to a certain mining claim. From a judgment in favor of the plaintiffs, defendant Kimberly appealed. STATEMENT OF FACTS. This is an action to quiet title to a certain patented mining claim known as the “Henrietta,” situated in Ophir mining district, Tooele county, Utah. The evidence shows that deeds were on record prior to the application for a patent showing title in nearly all of the plaintiffs, hut the records of the land office show only three of the plaintiffs made entry for a patent,…

1Opinion of the CourtMcCARTY, J.

The important question presented by this appeal is, did the assessor of Tooele county, under the circum-tances, comply with the provisions of the statute then in *6force providing the manner and form in which property should he listed and entered upon the' assessment books, by listing the property in question to owner “Unknown?” and, also, was the notice of snch assessment which was transmitted through the mails directed to “Ophir, Unknown” a substantial compliance, under the circumstances, with the statutes?

Section 43 of the Revenue Act of 1896 (Sess. Laws ’96, chapter 129, p. 423) among other…

2Cases cited5 opinions

  1. Olsen v. BagleyUtah Supreme Court · 1894
  2. Eastman v. GurreyUtah Supreme Court · 1897
  3. Moon v. Salt Lake CountyUtah Supreme Court · 1904
  4. Asper v. MoonUtah Supreme Court · 1902
  5. People ex rel. Houghton County v. Auditor GeneralMichigan Supreme Court · 1879

3Cited by4 opinions

  1. Tintic Undine Mining Co. v. ErcanbrackUtah Supreme Court · 1938
  2. Telonis v. StaleyUtah Supreme Court · 1940
  3. State Tax Comm. v. Evans, Co. Treas. of Weber Co.Utah Supreme Court · 1931
  4. Telonis v. StaleyUtah Supreme Court · 1943

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