EXCELSIOR IRON MIN. CO., ET AL. v. JUSTHEIM, ET AL.

No. 7825.

122 Utah 573 (1953)

252 P.2d 1084

EXCELSIOR IRON MIN. CO., et al. v. JUSTHEIM, et al. JUSTHEIM v. EXCELSIOR IRON MIN. CO., et al.

Supreme Court of Utah.

Decided February 2, 1953.


Attorney(s) appearing for the Case

Franklin Riter, Salt Lake City, for appellants.

Ray, Rawlins, Jones & Henderson and Ray, Quinney & Nebeker, Salt Lake City, for respondents.


ELLETT, District Judge.

The dispute between the parties herein involves the question of the right to mine a portion of one of the massive Utah iron ore bodies. The ore body in question is an oval-shaped continuous mass of magnetite lying in a trough-like depression, the bottom which is relatively flat. During the year 1871 some of the predecessors in interest of the plaintiff herein made a valid placer location upon a 40-acre parcel of ground on the northern portion...

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