MR. JUSTICE BRADLEY delivered the opinion of the court.
This was an action in the nature of trespass quare clausum fregit, brought in the District Court of the Territory of Utah for the third district, by Alexander Tarbet, and continued by his assignee, Helen Tarbet, against the Flagstaff Silver Mining Company of Utah (limited), and other persons. The action having been dismissed as to the other persons, judgment was rendered for $45,000 damages upon the verdict...
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