| Show I TillS TIMS OMm Action cllon of Court t III lit Byan Ken 1 II Ill Lii linn The Judgment of ot the time lower court in time the case cn e of o Patrick Ryan Hun lh and W V J Friday vs Egan and amid Uld Jane Doe DOt I appellants was Ie t ners d by IJ time tha supreme court courty y yesterday y The action was wall lif hi the Third district court for Cot fora a ft partition of I an tin undeveloped mining claim situated In the Blue ledge die dis district dietrict hicl Summit county count It was Wall claimed by b plaintiffs that time the claim could not nol nottie be tie partitioned 1 by 11 mimics metes und and bound and they the asked that It be sold Mold and thi ilu divided among the tue parties to the action according lo iu their respective interests Judge Morse who tried tiled the case held Ilist an au al e division of at the claim could not nol be bt rondo made and amid ordered It sold said and the tile proceeds proceed divided according to tolie the lie prayer of the lie complaint The de tIe defendants d appealed and the supreme court in lii an written by b Justice McCarty anti and concurred l in III by b chief bust Justice anti and Justice Hartch holds that Inasmuch as 18 lie claim IH is undeveloped anti and time the location of lit time the vein eln Is III not nol known knolln It will wll he be no Injun tlc lice to partition the thur claim by b metes and bounds Jound and nd orders such partition made |
