CRAM v. CHURCH

No. 8926.

9 Utah 2d 169 (1959)

340 P.2d 1116

CHARLES CRAM, AMBROSE MYERS, J.M. CHERRINGTON AND NORMAN CRAM, PLAINTIFFS AND RESPONDENTS, v. JACK CHURCH, TONE R. HAMBLIN, AND J. MARK HOLMES, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

June 23, 1959.


Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, David E. Salisbury, Salt Lake City, for appellants.

Ellis J. Pickett, St. George, for respondent.


COWLEY, District Judge.

Plaintiffs brought this action to quiet title to an unpatented mining claim known as the Apple Jack. Defendants in their answer denied the validity of the Apple Jack claim of the plaintiffs and sought by counterclaim to quiet title to their alleged unpatented mining claims known as the J.M.T. No. 1 and J.M.T. No. 2. The Apple Jack claim was prior in time and was staked over by the two J.M.T. claims. The trial court quieted title in the plaintiffs...

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