152 P. 178 | Utah | 1915
This was an action in ejectment to recover possession of a small parcel of ground about 5,665 square feet of the surface area of what is called the Copper Cent lode mining claim, and also another still smaller area of the Mirror lode mining claim, located in the town of Bingham Canyon, Salt Lake county, Utah. The area of the first-mentioned claim, if it were placed in rectangular form, would make a parcel of ground about 56x100 feet, and the smaller area, if carved into the same shape, would approximately make a parcel about 11x100 feet. The plaintiff alleged ownership in fee, that it was entitled to the immediate possession of said ground as part of the mining claims aforesaid, and that the defendant
“On the 30th day of September, A. D. 1900, one R. S. Julian was the owner in fee simple, in the possession, and entitled to the possession of said premises, and that by virtue of mesne conveyances from said R. S. Julian and his successors in interest defendant has, since the 24th day of June, 1906, been the owner, in the possession, and entitled to the possession of said premises, asserting title thereto in good faith and in the.full belief that he and his predecessors in interest by virtue of said different conveyances had good title and still continue to hold and possess said premises.”
It is further alleged that he had made permanent improvc- ' ments on said premises of the value of $3,000, that the value of said parcels of ground is '$4,000, and that “he and his’ predecessors in interest for more than ten years have paid taxes and all other assessments against said property.” The defendant prayed judgment:
That plaintiff’s complaint be dismissed, and that the' defendant “be given a decree awarding him the right of possession of said premises, or, if the plaintiff be adjudged entitled to recover possession of said premises, that defendant’s claim for improvements be tried, and that he recover the same as provided by law, and for such other and further relief as to the court may seem just and equitable.”
"We remark that we have set forth the allegations of defendant’s counterclaim and his prayer in full, for the reason that the allegations respecting the character of his title— that is, whether he claims it to be a title in fee from the original source or one by adverse possession and payment of taxes —are somewhat obscure, and so is his prayer. It will be observed that, if the defendant claims title in fee from the origi-inal source of title, then his defense is purely legal; but if he claims title by adverse possession and payment of taxes under our statute, his defense would be equitable. Of course, his claim for the value of improvements is equitable, but that is not a defense to the action.
‘ ‘ That on or about tbe 30th day of Setember, 1900, and for a long time prior thereto, one R. S. Julian was the owner, in the possession, and entitled to the possession of the premises hereinafter described, and on said day duly conveyed the same to defendant’s grantors, and ever since said 30th day of September, 1900, and for a long time prior thereto, defendant and his grantors have been in the possession of said premises, have erected dwellings thereon, and have made other substantial improvements, and have paid all taxes assessed against said premises during all of said time, and have for more than ten years openly and notoriously claimed and held possession adverse to plaintiff and its grantors. ’ ’
No other material finding of fact was made by the court.
The court also made the following conclusions of law upon the facts:
“As a conclusion from the foregoing facts the court finds that the defendant is entitled to a decree awarding him the possession and right to possession of said premises.”
Upon the facts and conclusion of law aforesaid judgment was entered by which it is adjudged that the defendant “be given the possession, the right to possession, and the title to said property, ’ ’ which is fully described as it is described in plaintiff’s complaint. It was also adjudged “that plaintiff’s complaint be dismissed.” The plaintiff appeals from the judgment.
“But neither in a separate suit in a federal court nor in an answer to an action of ejectment in a state court can the mere occupation of the demanded premises by plaintiffs or defendants for the period prescribed by the statute of limitations of the state be held to constitute a sufficient equity in their favor to control the legal title subsequently conveyed to others by the patent of the United States, without trenching upon the power of Congress in the disposition of the public lands. That power eanont be defeated or obstructed by any occupation of the premises before the issue of the patent, under' state legislation, in whatever form or tribunal such occupation be asserted.
That case was followed in Redfield v. Parks, 132 U. S. 248, 249, 10 Sup. Ct. 83, 33 L. Ed. 327, and in Hays v. United States, 175 U. S. 260, 20 Sup. Ct. 80, 44 L. Ed. 150. This court, as it was bound to do, followed the doctrine laid down in the foregoing cases in Steele v. Boley, 7 Utah 64, 24 Pac. 755, Toltec Ranch Co. v. Babcock, 24 Utah, 193, 66 Pac. 876, and in Lund v. Wilcox, 34 Utah, 205, 97 Pac. 33, although in the latter case only an easement was in question. The principle which is applicable to the case at bar must, however, not be confounded or confused with the doctrine of adverse possession laid down in the following eases: Blumer v. Iowa, etc., Land Co., 129 Iowa, 32, 105 N. W. 342, 113 Am. St. Rep. 444; Missouri Valley Land Co. v. Wiese, 208 U. S. 234, 28 Sup. Ct. 294, 52 L. Ed. 466; Boe v. Arnold, 54 Or. 52, 102 Pac. 290, 20 Ann. Cas. 533, and note. The doctrine that prevailed in those eases is stated by the Supreme Court of Oregon in Boe v. Arnold, supra, in the following words:
“One claiming title to land by adverse possession for (the statutory period) as against all persons, but recognizing the superior title of the United States government, and seeking in good faith to acquire that title, may assert such adverse possession as against any person claiming to be the owner under a prior grant” from the government.
In view that the findings with respect to the assessment and payment of taxes are not complete,, we cannot even affirm the judgment with respect to the disputed area of the Mirror lode, although, as we have seen, the defendant seems to have been in possession of the portions of the surface area of that lode for the length of time required by our statute after the title had passed from the United States to acquire title thereto by adverse possession.
We are compelled, therefore, to reverse the judgment in toto and require the court to make the necessary findings with respect to the assessment and payment of taxes. The court may do that upon the evidence already before it, if it can; otherwise it may hear further evidence upon that subject, and then make the requisite findings. The court is also directed to find the facts respecting defendant’s possession of the surface area of the Copper Cent lode in accordance with the views herein expressed, and tó adjudge that the legal title to that lode, including the surface area in dispute, is in the plaintiff, and in case the defendant files a petition to recover for his improvements on that lode, then to hear the evidence with respect thereto, and to make the necessary findings of fact, ■ conclusions of law, and enter judgment according to
The judgment is accordingly reversed, and the canse is remanded to the district court of Salt Lake County, with directions to proceed with the case as hereinbefore indicated; costs to appellant.