The Dispatch. [volume] (Provo City, Utah) 1891-1895, 1891-03-18
Case Of Darger VS.. lie SiGur
Decided for Plaintiff.
Martin s. Drake Live Stock
Co. Get $500 Damages
Against Beck ct al.
j. C. Nielsen Receivers 4t7
Head of Sheep and S37
Damages.
MONDAY.

The case of Darger ct al VS.. st. Y.
LIE Sieur was resumed. MN. Kellogg
appeared for plaintiff and Elmer j.
Jones for defendant. This is a case
in which Mr.. Darger the plaintiff
claims that he and others located six
claims of !"ozokerite" or mineral
wax, in Tie Fork, of Spanish Fork
canyon, about five miles from the line
Of the r. G. w. Ry.; that said claims
took up a space of 1900 feet X 5000 feet
and they were located and the boun-
Diary lines made distinct and according
to the Mining Laws of the United
States, in 1888. That ST. Y. lie Sieur,
the defendant, located on the same
place in 1890 withouU regard to plain
tiffs notices or the work that had been
done by plaintiff. The jury was EN-
paneled and the respective counsel
made their opening statements. Tile
first witness was Jesse Lewis, who tes-
titled to the location of the claims.
The claims were located on mineral
land which he thought was valuable,
or he wouldn't have located them.
The six claims were located in par
allelogram of 1S00X3O0O feet, and
monuments of rock placed at the dis
covery point. after which the claims
were staked off. Witness further de-
scribed the situation of the discovery
monument on the vein, with reference
to the end lines and amount of work
done 10y the company, of which he is
superintendent, during 1888 and 1890
on each of the different claims. The
notices of location he recognized to be
in his writing, copies of which had
been filed by Stubs in the office Of
the County Recorder Of Utah county.
The original notices of location were
here offered in evidence by plaintiffs
counsel and objection raised thereto
by defendant, the basis of which OBJ
lection was that the notices were in
definite and ambiguous and that the
United States statute required the
boundaries to be distinctly marked so
that they could be located readily with
reference to some natural object or
permanent monument: there were Tie
canyon north, south, east and west,
and, therefore, the locations of these
claims as described in these notices
were indefinite and not within the
statute. The notice of recorded loca-
tion must be such that an officer with
writ or any other person in search
of the property might readily find it
by the description therein. Opposing
counsel had a different conception of
the law, and illustrated his position
by showing how on the deserts OF Ari-
IONA when a prCspector made dis
covery of mineral it would be imros-
sible for him to give other notice than
by erecting his discovery monument
and placing thereon his notice Of To-
cation. The Court overrued the de-
fendant's objection and the notices Of
location were placed in the evidence.
Peter Stubs, one of the grab stalk
ers, testified tc forwarding supplies
to the men at work on the claims.
AT the afternoon session st. V. LIE
oromnd a,,d -. ,'. ,.ns l p'o'teo'eu
ho o1ain,oI. ,1,s.l ''' ' = v"' siO''iu
,,or,, an,oII io ''oi
+ooi. +ra ,1ar,. .' -. ''' Ia ma p o9"oiy
,.ooar5al 49, 49, .I - li0 io0''''' "iiu
4l - r,, 'nS''', "'''' ~ PelilI'''.on ol
,,,,. oI,alo -. >o,'' i'sool"ei , 0'oh
" - on" - - ~ .'''' ." 't'e"' ''ie oil-
: - , a. i'o'l0e ii''' = ~ oil manu-
49,; 80 a a ~ qua 'nl '''9 case was SUP
- M ~ " 'le H..
20 nc G p, % -'l''' 80 ~ axe NV 1--WE oIoch
~, 70 I'00N = ,'''' q was calleu' ana
on,1oorad -4 e. ;. 49,. = 2'l'''e' i',lu
Ci, 80 ~ = :, w ", "nu a. "
fo,,do,ta ~. ''' w w
,,Iain+iT c,oia,s ~ Ioa S'''1 ~ "ili1n
7 pom ,i-i o'''' ~ 80 i"'ila@eS 1of the |
preach OF contract. alleged as follows:
Plaintiff sold stallion to defendants
for se5o in AL 7.oo ~ ~, NV o. %
fol,ows. co.. - ,' - D0 pa" do
-o1.o"1' 900" ~ ash aC ueIlFefy OF
animal, ana one dy horse, value S125,
and one span Of mares, valued at Sl75.
mares to have i..et. delivered in Da-
,embar 1,s. no ,,.ros ua 20