STEVENS v. MEMMOTT

No. 8700.

9 Utah 2d 37 (1959)

337 P.2d 418

GEORGE H. STEVENS, ANNA N. STEVENS, VON UTLEY, ZOLA UTLEY, FERRON ROBINSON, ELDON ROBISON, ELBERT JACKSON AND ELAINE ROBINSON, PLAINTIFFS AND APPELLANTS, v. RALPH C. MEMMOTT AND MERRILL G. MEMMOTT, DOING BUSINESS AS MEMMOTT BROTHERS; RALPH C. MEMMOTT, MERRILL G. MEMMOTT, GRACE K. MEMMOTT, MARIE S. MEMMOTT, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

March 27, 1959.


Attorney(s) appearing for the Case

Thomas S. Taylor, Provo, Eldon A. Eliason, Delta, for appellants.

Orville Isom, Cedar City, for respondents.


PER CURIAM.

Plaintiffs sued to quiet title to a series of mining claims having to do with volcanic cinders. They insisted on having a jury, over defendants' objection. The court, by means of special interrogatories, put the matter of validity of the claims squarely up to the veniremen, who, on what appears from the lengthy record to have been based on disputed and controversial facts, held in favor of plaintiffs as to some claims and for defendants as to those claims...

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