Show LATEST MINING DECISIONS prepared for the mining review by george westervelt attorney salt lake city ouster by cotenant co tenant lease undivided interest damages when defendant being the owner of an undivided two thirds interest in a mine refused to permit the plaintiff who was his co tenants lessee to enter enter into possession of the mine and threatened him with violence the facts were held sufficient to support a finding of an ouster of plaintiff by defendant in such a case plaintiff was not confined to an action for an accounting 11 of the profits received by defendant during the term of the lease but could maintain an action against the defendant for damages based on the loss of profits that plaintiff would have made but for the ouster paul v cragnaz Cr agnas 59 pac nev miners lien pleading A complaint in an action to enforce a mechanic s lien on a mining claim showing that the plaintiffs were employed by and rendered service for the lessees lessels of the owner of the property states n no 0 cause of action against the owner schweitzer v mansfield 59 pac colo note in connection with the above see rev st utah see sec 1382 G W 1 mining partnership in an action for the dissolution of an alleg alleged ed mining partnership plaintiff having shown that he purchased a one half interest therein from the former owner through a husband hus bandy who caused the other one half to be deeded to his wife and that plaintiff and the husband who claimed to act as agent for his wife worked on the mine extracting mineral and that the wife had made statements to third parties that she owned an interest in the mine and that her husband was her a agent 9 ent it was error to nonsuit non suit the plaintiff on the grounds that he had bad shown no partnership since the jury might have found that a partnership existed within the meaning of civil code of cla cala fornia sees 2511 2512 providing that a mining partnership exists when persons owning a mine for the purpose of working it and actually do work the mine though no express aure agreement ement of partnerships partnership exists where plaintiff alleged a mining partnership with a wife based on an agreement with her husband as her agent evidence of the statements by the husband that he was his cifes agent was inadmissible terris ferris v baker 59 pac cal |