Lockhart v. Farrell
Utah Supreme Court
Appeal from District Court, Summit County; T. D. Lewis, Judge. Action by James M. Lockhart, administrator of John G. Ebodin, deceased, against James Farrell. From a judgment for defendant, plaintiff appeals. APPELLANT’S POINTS. Tie South Mountain was located August 21, 1900, and the owners were not required to do any assessment work thereon, until 1901, and had the whole of that year in which to do it.
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Appeal from District Court, Summit County; T. D. Lewis, Judge. Action by James M. Lockhart, administrator of John G. Ebodin, deceased, against James Farrell. From a judgment for defendant, plaintiff appeals. APPELLANT’S POINTS. Tie South Mountain was located August 21, 1900, and the owners were not required to do any assessment work thereon, until 1901, and had the whole of that year in which to do it. (R. S. U. S., 2324; Act June 22, 1880, 21 Stat. L., p. 61.) It was not, therefore, open to location until the prior claim was extinguished, and any attempt to so locate1 would be wholly…
1Opinion of the CourtStraup, J.
The respondent applied for patent to the Cliff lode mining claim located by him August 1. 1901. The appellant adversed the application, claiming the right to the possession of the same ground as owner and claimant of the Divide lode mining daim located by his intestate January 2, 1903. This action was brought pursuant to section 2326, Rev. St. U. S. [U. S. Comp. St. 1901, p. 1430], to adjudicate these adverse claims. Upon findings made by the trial court a judgment was entered for the respondent, decreeing to him the possession of the ground. On the trial, the appellant offered evidence…
2Cases cited19 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Brown v. GurneySupreme Court of the United States · 1906
- Watson v. MayberryUtah Supreme Court · 1897
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3Cited by8 opinions
- Farrell v. LockhartSupreme Court of the United States · 1908
- Swanson v. KettlerIdaho Supreme Court · 1909
- Bergquist v. West Virginia-Wyoming Copper Co.Wyoming Supreme Court · 1910
- Snowy Peak Mining Co. v. Tamarack & Chesapeak Mining Co.Idaho Supreme Court · 1910
- New Mercur Mining Co. v. South Mercur Mining Co.Utah Supreme Court · 1942
3 more not listed; retrieve them via the Exa API.