Show RECENT MINING DECISIONS prepared tor for the review by judge E V higgins D F walker block I 1 mining lease estoppel of lessee review 1 where plaintiff occupied a mining claim under lease from the owner agree agreeing ingo in part consideration to procure a patent in the owners name he was es topped to deny the batters lat right to the ground covered by the lease on the ground that the only discovery of mineral thereon was at a place substantially the discovery point of another and subsisting claim 2 in an equity case the sup supreme teme court will look into the evidence to determine the correctness of the decree bunker hill mining co v pascoe utah 66 pac rep landlord and tenant mining mining 0 lease bond to purchase royalties royalty 1 es rem removal oval of improvements practice moti motion 1 on for nonsuit sufficiency direction of verdict 1 where the agreement between the owners of a mining claim and others recited that the owners were desirous of leasing as well as selling the property and that the owners did grant lease and remise re the claim and it was provided that the others were to pay a royalty on all ores mined with the option of purchasing the claim in which event royalties paid p aid were to be applied on the price the agreement was not a contract of purchase but a lease notwithstanding the option and the payment of royalties instead of rent in money 2 the lessees lessels in a mining lease may remove buildings and railroad tracks placed on the premises by them where such removal causes no material injury to the freehold and the lease is silent as to the right rie lit of removal 3 where in an action by the lessors lessons of a m mining inina 1 claim to recover damages for the les jes sees removal of fixtures placed by them upon the premises no agreement between the parties was shown save a lease which contained no restrictions on lessees lessels les sees right to remove improvements made by them a motion for a nonsuit non suit on the ground among among other things that the proof showed no contract requiring the defendant to leave improvements on the premises was sufficiently specific 4 the direction of a verdict for the defendant at the time of sustaining plaintiffs motion for a nonsuit non suit while not dot commendable practice was wag not prejudicial error couch et al v welsh et al utah 66 pac rep |