RUMMELL v. BAILEY

No. 8622.

7 Utah 2d 137 (1958)

320 P.2d 653

G.T. RUMMELL, H.M. HARDIN, MATHEW P. ROWE AND ROY M. EIDAL, DOING BUSINESS AS LaSALLE MINING COMPANY, A PARTNERSHIP, PLAINTIFFS AND APPELLANTS, v. K.R. BAILEY, JR., AND JOLENE BAILEY, HUSBAND AND WIFE; E.J. HALL AND RUTH HALL, HUSBAND AND WIFE; MILTON C. NIELSON AND ESTELLA NIELSON, HUSBAND AND WIFE; F.G. McFARLANE AND S.R. HULLINGER, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

January 23, 1958.


Attorney(s) appearing for the Case

Clair M. Senior, Salt Lake City, Therald N. Jensen, Price, Eugene H. Mast, Grand Junction, Colo., for appellants.

Duane A. Frandsen, Price, Dean E. Conder, Salt Lake City, Donald T. Adams, Monticello, for respondents.


CROCKETT, Justice.

Plaintiffs sued to quiet title to certain mining claims in what is known as the White Canyon area east of the Colorado River in San Juan County. The defendants set up as a defense that they had made prior valid mining locations on the same properties and counterclaimed to quiet title in themselves. The trial court found the issues in favor of the defendants and entered judgment thereon, from which the plaintiffs appeal.

The evidence establishes...

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