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Show iURI HANDS II I SEVERAL OPINIONS fiTffo Aflinu Judgment of Wis-39 Wis-39 fricf Court. While One llf Reverses It. i iPirriov of low fin court lit AFFIRMED IX FERRY CASE w ' mm S. firnw Again Loses Ouf in III ' Against .Street Rail-llf Rail-llf war Company. m 1 Hi.Tfli"" opinions handed down by the Bif y,ic court Wednesday,- two of which Iliitflwn"1 judgments of the lower IIKjfts nnd one reversed the judgment. II f Lilre Frlcfc wrote tvo of tho opinions III i Cl.tef -Justice Sfraup the other. They lllnie concurred In by the other members ".' lh(? rourt. VI in tli-s case of Lvdwin p. Ferry by U u'Mont Ferry and K. S. Kerry, his guar-II guar-II ''ihn's Hsainst R. E. Fowler, appellant.. yBrt Yuprome court held Hint according '-m th old .survey of (he Tndlan resr-rva-J l,i-i In Wusatch county t.ho Tykoou mln-jlrlnlnis mln-jlrlnlnis located by Ferry in 1SP1 wore ifldo tho boundary of the reservation li hence were propc-rly located by him. I the lower court Fowler claimed that t mining property in controversy was iihin the reservation and hence not La to location until 1905. He located I v,mc claims In lfOT under the name "tho Danville group. The lower court mV3 that- tli- claims were not in tin rrfltton. hence rendered judgment 'faror of Ferry for th possession of t property The supreme court affirms Is Judgment. Grcftv Loses Out. Otto ?. Grow lias again. lost out In his miipj suit against the Utah Iight & juviy company as the supremo court fitwA the judgment of the lower court Jrh was in favor of the company. Grow M for damages In Hie sum of 310.000 r pfonal Injuries received in a col-ton col-ton between his wagon and one.of the fttt cars on .Inly K. mOfi. The com-jiy com-jiy chimed I he Grow was guilty of ntrlbutory ncgllceuec and the Jury ren-rol ren-rol 3. verdict In Us favor. This judg-nt judg-nt the simrcmc i:onrt hap a.f firmed, in Ihc case of T.oiiIh A Passow and E. Passow, doing business as Charles (tow fc Co. against C. Frank Emery, friff of Salt Lake county, the judg-nt judg-nt of the lower court was reversed and r case remanded for a now trinl. Taste Tas-te i Co. sold some pool tables to .Torn .To-rn I.t-nulaud. who operated a pool n ni 'ii Postofflec nlncc. The con- !f3d of Male was In the nature of a toe of the tables with a provision that lie title to the same should remain in Fittoiv & Co until the full amount or lie lease was paid. The tables were lev-M lev-M upon bv Sheriff Kmery In September, IWS, to satisfy a claim for rent of the jrnnlscs amounting to ?5im;.Gi. They tir sold bv Ihc sbej lif nnd Passow rv-Ob, rv-Ob, then brought suit against the sherlf: for damages. The lower court held that V leaf" v:p In i-ho nature o( inort-hse inort-hse and that Ihe title to I lie .tables tutt to L"aulaud and accordingly twnd th.it t'te sheriff was legally aii-icjriird aii-icjriird lo ley on them and sell them. TV Mipreme. court holds tna the lease m not a mortgage and that the title lo the tables was still in Passow & Co. riwi the sheriff levied upon them. The J-jijaiicnt Is therefore reversed anil the us rcnwiidrd for a new trial. |