ALLEN v. RADIUM KING MINES, INC.

No. 9194.

11 Utah 2d 28 (1960)

354 P.2d 578

DEAN ALLEN AND GIFFORD ALLEN, PLAINTIFFS AND APPELLANTS, v. RADIUM KING MINES, INC., A COLORADO CORPORATION, ULA URANIUM, INC., A COLORADO CORPORATION, ET AL., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

July 21, 1960.


Attorney(s) appearing for the Case

Harry E. Snow, Moab, for appellants.

Dayton Denious, Denver, Colo., McKay & Burton, Macoy A. McMurray, Salt Lake City, for respondents.


HENRIOD, Justice.

Appeal from a judgment quieting title to mining claims in defendants. Affirmed with costs to defendants.

Although plaintiffs urge on appeal that this was an action for unlawful eviction, their complaint primarily sounds in quiet title with prayer for return of alleged possession, as an adjunct thereto.

The matter was tried to the court without a jury, and he thereby became the arbiter of the facts. There was sufficient competent,...

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