Edward Douglass White

“ But the findings amply support the reference made in the judgment to the premises sued for, to wit, the 'Antietam Lode and Copper the Ace Lode mining claims, situated in the Carbonate mining district in the county of Uintah, territory of Utah, and premises embraced therein, and each and every part thereof, the same being specifically described in the complaint herein.' It is not doubtful that the decree and complaint, taken together, fully describe and furnish ample means for identification of the property to which defendant in error was adjudged to be entitled. ”

“ The elementary rule is that one must recover on the strength of his own and not on the weakness of the title of his adversary, but this principle is subject to the qualification that possession alone is adequate, as against a mere intruder or trespasser without even color of title, and especially so against one who has taken possession by force and violence. ”

“ The defendants below prosecute this appeal from the judgment of the supreme court of the territory of Utah.
Under the act of April 7, 1874 (18 Stat. 28) , our jurisdiction on appeal from the judgment of a territorial supreme court is limited to determining whether the facts found are sufficient to sustain the judgment rendered, and to reviewing the rulings of the court on the admission or rejection of testimony, when exceptions have been duly taken to such rulings. ”

“ U.S., 146 U.S. 140, 13 Sup. Ct. 50. That case involved a refusal to exercise discretion, while the contention here amounts to the assertion of a right to control a discretion when it has been lawfully exerted. ”

“ This was followed by a brief excerpt from the proceedings had before the trial court, purporting to show exactly what occurred when the rulings rejecting or admitting testimony were made. All the facts which are stated in this paper are also in the record in connection with the specification of errors presented and the assignment of errors made in the trial court on the appeal taken to the supreme court. ”

“ That soon after the writing of said notices of location, and during the month of September, 1887, said Dyer marked sufficiently on the ground the boundaries of said mining claims, and each of them, by setting suitable stakes or posts at the corners of each of said claims ”

“ Fowler, 96 U.S. 513; Belk v. Meagher, 104 U.S. 279, 287; Mining Co. v. Willis, 127 U.S. 471, 481, 8 Sup. Ct. 1214.
There remains only to consider the errors which are asserted to have arisen from rulings of the trial court, admitting or rejecting testimony.
(a) The objections to the admissibility of the copies of Dyer's notice of location become wholly immaterial, in view of the findings on the subject of the actual location made by Dyer. ”