The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-09

The supreme court yesterday handed
down an opinion in the case OF the
Wasatch Mining company VS.. Priscilla
Jennings ct al, appellants. The case
is q very old one, having been IN litl-
cation for about 10 years.
The plaintiff, it appeared from the
record, was the owner of mine con-
sisting of the Walker and Walker Elk
tension and Bucky mining claims and
a part of the Pinion claim, ana lhat
they were sold upon execution against
the plaintiff: that William Jennings
and John Clark, two of the stockhold-
ers and directors of the plaintiff, took
an assignment of the certificate OF puf-
chase before the time of redemption
had expired, for the consideration OF
1854 05 and that they afterwards oO-
tanned a deed to them from the ON
Ger, and that the sum so paid and the
assignment and deed were taken Win
a verbal understanding between the
plaintiff and the assignee that the iaI-
ter, upon reimbursement within time
named, would convey TO the former;
that Joseph A. Jennings and isaac
Jennings obtained Clark's interest IN
the property and that they, WIN.
William Jennings, took possession OF II,
and personally or by leases operated
the same until early in 1888.
The case was tried ct three various
times by Judges Boreman, Sprague
and Thomas Marshall, as referees, and
as many times appealed and reversed
FORMER DEGREES.
It was adjudged in the lower court.
on the findings of Referee Sprague,
that William Jennings and John
Clark purchased the property on be-
half Of the stockholders Of the COM
pany and held it simply as trustees
for the plaintiff, and it was ordered
that they re-convey the property TO
the plaintiff and pay it So, l03.19, the
net amount realized for ores extracted
The judgment was reversed by the
supreme court. and a new trial ordered
before Hon. Thomas Marshall, as
referee. Mr. Marshall found that the
property had been greatly benefited
by the work done on ii by the de1end-
ants and that the defendants had ex-
pended SIG, 1897 more than the amount
they received for the ores taken out.
1t was therefore decreed that the plain
tiff might have the property from the
defendant by paying that sum and
interest, amounting to S34 1851 in all,
and that if the plaintiff failed to pay
the amount within so days from Nov
Is, 1895 it was forever barred from as
serting any claim to the property.
court setting aside the findings and
decree of Referee Marshall, which was
granted by Judge Hlles, who also or
dered that the findings and previous
Judgment entered, together with GER
tain supplementary findings made by
Judge Eiles, be entered. Rawlins &
Critchlow. on behalf Of the defendants,
objected to Judge Hiles making any
other findings except to rule on the
motion to set aside Referee AIarshalis
findings, and the defendants appealed
from the whole of the order made by
Judge Hiles, and this was the appeal
now passed upon.
DECLARED a DRAW.
The opinion concludes as follows:
I'VE are unable to find from the evil
dence a balance to either party. We
find that the expenditures eQualleG the
receipts and no more.
with respect TO the interest. it ap-
PEARS that the receipts increased with
that interest should not be allowed
either side.
. 1.-The case is remanded to the court
below with directions to that court TO
make its findings conform TO the
above conclusions and to enter de-
cree on the findings when so changed, |
giving the property described in the
complaint to the plaintiff and author
izing a suitable person as commissioner
to transfer the title to the plaintiff by
a sufficient deed and requiring the re- !
spective parties to pay their own costs /
so far as they have not already been
apportioned or assessed.
The costs of this appeal are as
scssed to the respective sides in equal
proportions"
The opinion was written by Chief /
Justice Zane and cOncurred in by
Justices Bartch and Miner
The claims are in the neighbol hood |
of Park City and now form part OF
the Crescent Mining companys prop
erty, that corporation having pur-
chased them for $4,000, and the pay
ment was held in allowance until it was
determined which party had the right /
tC receive it.
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