No. 6951.

315 F.2d 471 (1962)

Karl HORN and Lois Horn, Appellants, v. Robert B. DANIEL and Le Roy Bacon, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 1, 1963.

Attorney(s) appearing for the Case

Harry F. Claussen, Grand Junction, Colo. (Kelley, Imman & Flynn, Denver, Colo., on the brief), for appellants.

Harley W. Gustin, Salt Lake City, Utah (Therald N. Jensen, Price, Utah, on the brief), for appellees.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

LEWIS, Circuit Judge.

Appellant Karl Horn initiated this action in the United States District Court for the District of Utah to set aside for fraud a deed executed and delivered by him to the appellee Daniel covering a group of unpatented mining claims known as Abe 1 to 32 and located in the Elk Ridge area, San Juan County, Utah. The conveyance from Horn retained in the grantor a two per cent overriding royalty and two per cent of any discovery bonuses paid on the...

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