133 P. 472 | Utah | 1913
Tbe plaintiff by this action seeks to have adjudged that the defendants hold! certain placer mining claims in trust for it, and prays that the defendants be required to convey them to it. The plaintiff had judgment. From a portion of it the defendant American Marble & Onyx Company appeals.
The evidence shows:
The defendants Cornelius, Thor, and Oliver Cederstrom are brothers; the defendant Dolly Cederstrom is their sister; the defendant Ellen Cederstrom their mother; the defendant Eiseman their brother-in-law. Prior to July, 1909, the defendants, in Utah county, located marble deposits, one claim as a placer claim called Mkrble Placer, and four claims as lode claims called the Lone Star, the Spring View, the Boekefeller, and the Thelma. On July 20, 1909, the defendants Oliver, Thor, and Cornelius Cederstrom and Eise-man, with others, organized1 the plaintiff corporation, and on the same day, together with the other locators Ellen and Dolly Cederstrom, conveyed to it the lode claims and the placer claim. The capital stock was 1,000,000 shares— 400,000, treasury stock; and 600,000 issued, of which the Cederstroms and Eiseman held 550,000 shares. Oliver, Cornelius, and Thor Cederstrom and Eiseman comprised four out of six members of the board of directors. Stock of the corporation was sold to others who became interested in the corporation. Efforts were made to raise something like $30,000 for development and operative purposes. In September, 1909, it was concluded that the deposits could not be acquired and held under lode locations; hence, it was determined to locate them as placer claims. The plaintiff adduced considerable testimony to show that the Cederstroms and Eiseman agreed to locate the deposits covered by the lode claims as placer claims, and to make such locations on
As already indicated, the evidence as to about all of the material issues is in conflict. We think, however, all the findings are supported by sufficient evidence, and on the record and for the reasons stated we are satisfied the court on the facts reached the right result. At least we do not feel justified in disturbing them.
We think the judgment should be affirmed, with costs. Such, therefore, is the order.