Helstrom v. Rodes
Utah Supreme Court
Appeal from District Court, Third District; M. L. Bitchie, Judge. Action by Mary Helstrom against Isaac Bodes. From a decree in favor of defendant, plaintiff appeals. APPELLANT'S POINTS.
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Appeal from District Court, Third District; M. L. Bitchie, Judge. Action by Mary Helstrom against Isaac Bodes. From a decree in favor of defendant, plaintiff appeals. APPELLANT'S POINTS. Plaintiff claimed that having obtained a patent for the Julia Lode free and untrammeled, that she was entitled to the possession of tbe whole claim, together with what improvements there was on it when she bought it from the United States Government, which would include everything claimed by Rhodes. (Snyder on Mines, sec. 552; Gollins v. Bartlett, 44 Cal. 371; Pennepacker v. McDougall, 48 Cal. 163; McTiernan…
1Opinion of the CourtStraup, J.
This is an action in ejectment. The findings show* That in 1896 Helstrom, then the husband of plaintiff, and Jensen, being the locators, and as such the owners, of a mining claim called the “Lily Lode,” sold a portion of it to Johnson, who thereafter erected a dwelling house thereon, and was in possession thereof until 1903, when he sold and conveyed it to the defendant. The annual assessment work for 1898 not having been done on the claim, in January, 1899, the plaintiff, at the request and for the benefit of her husband and his successors in interest, relocated the claim as the Julia lode.…
2Cases cited5 opinions
- Deffeback v. HawkeSupreme Court of the United States · 1885
- SPARKS & Another v. PIERCE & OthersSupreme Court of the United States · 1885
- Collins v. BartlettCalifornia Supreme Court · 1872
- Treadway v. SharonNevada Supreme Court · 1871
- McKiernan v. HesseCalifornia Supreme Court · 1877
3Cited by2 opinions
- Springer v. Southern Pac. Co.Utah Supreme Court · 1926
- Tonopah & Goldfield Railroad v. FellanbaumNevada Supreme Court · 1910