Plough v. Nelson
Utah Supreme Court
Appeal from District Court, Third District; Hon. T. T>. Lewis, Judge. Action by R. E. Plough against Nils Nelson and others. Judgment for plaintiff. Defendant named appeals. APPELLANTS’ POINTS.
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Appeal from District Court, Third District; Hon. T. T>. Lewis, Judge. Action by R. E. Plough against Nils Nelson and others. Judgment for plaintiff. Defendant named appeals. APPELLANTS’ POINTS. After tbe plaintiff had failed to do the required one hundred dollars’ worth of work for each claim, during the year, and for t|ie year 1913, the only right he had was the right to resume work before the defendant located the claims, and, as expressed by Judge Sanborn, in the case of Fee v. Durban, 21 Fed. 468: “The right to resume and the right to relocate vested in "'the respective parties the…
1Opinion of the CourtFrick, J.
The plaintiff, as lessee, on December 29, 1913, commenced this action to quiet the title to certain lode mining claims situated in Tooele County, Utah, and to enjoin the defendants named in the title of the action from in any way interfering with his possession of said claims. The defendant Nelson, alone answered the complaint, and, after denying the rights of the plaintiff, and of those under whom he claimed, also set up a counterclaim in which he claimed title to a large portion of the surface area of the claims described in plaintiff’s complaint. Nelson’s claim is based upon an alleged…
2Cases cited10 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Emerson v. McWhirterCalifornia Supreme Court · 1901
- Yosemite Gold Mining & Milling Co. v. EmersonSupreme Court of the United States · 1908
- Belcher Consolidated Gold Mining Co. v. DeferrariCalifornia Supreme Court · 1882
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3Cited by3 opinions
- State Bank of Beaver County v. MortensenUtah Supreme Court · 1925
- Salina Canyon Coal Co. v. KlemmUtah Supreme Court · 1930
- Gill v. TracyUtah Supreme Court · 1932