| Show S SUPREME COURT GIVES TITLE TO MINING CLAIMS in an opinion handed down wed by the supreme court the tile question of jurisdiction of the courts of the state Is again rono gone into extensively the ase case Is that of 0 1301 dill snyder against W R pike appellant in the opinion which was writt by justice mccarty and concurred in to by chief justice and district judge morse the court holds that the courton ono one county has his in an fin action brought to foreclose 1 a mortgage given in that county but coi cohering cring the property in another count this ruling holds ho however vever only where the question of jur ladio tion is not raised in the lower courts by the party in int creet CrePt asking to lime hae it transferred to the tile county where the piu ps perty is located na u Is bis his privilege n u odor section 2933 of ot the tile nevii d statutes according to the facts farts in to the case the copper globo globe mining company gave a note to pike at provo for tho th burnot bum of 2000 and aud issued n mortgage mort gago to secure tha sumo sume on its mining C claims located in elmery cou county Y later phillips nod childs secured a judgment against the company in its emery county the clainie were sold Fol lowling this suit was brought in utah county to tollese the mortgage and phillips and childs were mady made pury defendants defend anta phil lips and childs s tater atar assigned their judgment to snyder A decree of was rendered in favor of pike and the property was sold for just before tho tile time for kedem expired snyder offered to redeem the tile pi property and tendered the sheriff sherif fis certificate ot 0 deposit the provo nod and savings bank for the amount of pike pikes judgment pike demanded the payment of the amount in gold coin coln as provided la in tho the note and refused the tile upon pilo me failing to r calve the gold he aked for a sheriffs deed which was given to him snider then brought suit against pike in emery county to quiet title to the claims IP iv that ao ac l tion snyder raised the point that the utah county court was without jurisdiction la to the matter of property lo 10 cad cald cal d in another county tho the glower court found in hia favor on that point unit also held the sheriffs deed kared to piko pike waa wais ald id arl quieted title in favor of snyder the ruling oc on the question of juris diction was appealed from by pike the supreme court holds that the lower cobit erred in ltd its ruling in the ru atter the opinion hold holds thit diat say jer der bad had tho the right to ralee raise the question of jurisdiction in utah county und ek ak that the cafio caw bo be to emor enier courty ho ile did not take advantage of thui opportunity hence the supreme court helda holds that he lie aasved the question of jur jut edict lon and cannot giov DO claim that tho utah county court had no jurisdiction the judgment of the lower court la Is reer ar d aud ilikas title tu to the claims U A quieted |
