Show RECENT MINING DECISIONS compiled for the mining review mining claims A complaint in a suit to recover possession of a mining claim need only allege ownership and right of possession and that defendant wrongfully entered th thereon sherdon erdon as in possessory actions generally the means by which the possessor is entitled to possession being matters of evidence national mill min co v piccolo supreme court of washington pacific performance of representation work where representation work done on one of a group of claims has no reference to the other claims in the group and does not tend to develop all of them in conformity with the general plan adapted with that purpose it cannot be considered as work done on them as a group or as a consolidated claim copper mountain mining smelting smelling Sm elting co v butte consol copper silver mining so supreme court of montana pacific forfeiture where defendant claims a forfeiture of plaintiffs mining claims for failure to do representation work and plaintiff claims that the work was all done 41 on one of a group of claims for the benefit of all the burden shifts to plaintiff to show that the work was adapted to the development of all of the claims and was intended for that purpose copper mountain mining smelting smelling Sm elting co v butte consol copper silver mining co supreme court of montana pacific pipe line lease A lease gave exclusive right to procure oil and gas from land and prior rights to lay and operate necessary pipe lines thereafter with the lessors lessons les sors permission a third person constructed a pipe line across the land to conduct his products from other land to the market held that this use was not adverse to the lessee till the latter began to use the part of the land through which the pipe line ran in a way incompatible with the maintenance of such line brookshire oil co v casmalia carmalia Cas malia ranch oil development co supreme court of california pacific contract for sale of mine A contract giving an option to purchase mining property cannot be rescinded for fraud because of erroneous statements made by the sellers as to the quantity of ore on the property or the title where the purchasers were to take possession of and operate the property for several months before the option expired and the statements were made in i good faith and expressed the honest opinions of the sellers who were not lawyers and had little knowledge of practical mining winter vinter v bostwick U S circuit court western district wisconsin federal oral leases the owner of mining lots made an oral agreement to lease them for a long term of years the lessee to work and mine the lots continuously in good faith and in a miner like manner the lessee was put in possession and for three years carried out in good faith the terms of the contract meantime the lessee installed machinery erected improvements sunk shafts ran drifts and otherwise developed the property until it became very valuable and in so doing expended the sum of after repeated demands the lessor refused to execute a lease for the agreed period held that as against a claim of want of mutuality in the obligation and remedy of the parties specific performance of the oral agreement should be decreed decree d helleken Zell eken v lynch supreme court of kansas pacific |