Show RECENT MINING DECISIONS prepared for the mining review purchase of mining stock one who received mining stock from her husband for a preexisting pre existing debt and who knew how he acquired it is not an innocent purchaser and took subject to a claim of the corporation on account of misapplication of proceeds of treasury stock eureka mining smelting smelling Sm elting power co vs lively supreme court of washington pacific lien on mining clairn claim comp laws 1897 section 2221 giving a lien for labor in a mining claim gives a lien for manual labor performed on a limestone mining claim for labor in the care of horses on the claim used in the mining operations thereon for labor in a lime kiln closing lime bins and gathering up tools at the lime quarry and kiln all on the mining claim gray vs new mexico aumic stone co supreme court of new mexico pacific action by heirs of deceased miner under rev codes section declaring a mine operator liable for damages to an em aloye through the negligence of co em aloyes and section providing that in case of death of the employed from any injury or damages so sustained the right of action shall survive to and may be prosecuted by his heirs the scope of their recovery is the same as his would have been but for his death including damages for the pain and suffering he endured and for his diminished and lost earning capacity for the period of his natural expectancy beeler vs butte london copper development court of montana pacific bond in action to recover mine when application was first made to the court to fix a stay bond pending appeal in an action to recover certain mines the court was unable to give the matter due consideration and authorized a temporary stay on the giving of an appeal bond for reserving the right thereafter to establish the amount of a permanent bond to stay execution pending appeal and fixed a date for the hearing of proofs on that subject the court thereafter fixed as the amount of an undertaking to stay execution pending a moton for a new trial and until 15 days thereafter defendant failed to introduce any proof regarding the value of the ore they were removing from the property and as to plaintiffs damage from waste by their continued possession held that the court had jurisdiction to fix the amount of such stay bond silver peak mines vs second judicial district court washoe county supreme court of nevada pacific validity of excessive location where an excessive mineral location has been made through mistake while th the e locator was acting in good faith the location will a 3 void only as to the excess but where the locator has purposely included within his exterior boundaries an excessive area with the fraudulent intent of holding the entire area under one location such location is void or if made so large that the location cannot be deemed the result of innocent error or mistake fraud may be presumed nicholls vs lewis dark clark mining co supreme court of idaho pacific contract of sale of mine where a contract for the purchase by defendants from plaintiffs of the mineral rights in certain lands for which plaintiffs held options gave defendants the option to furnish funds to have the lands drilled in which case they were bound to take only such as were shown to contain a coal vein or to accept all the lands without drilling in an action for breach of such contract by defendants by refusing to take the lands or to furnish the drilling fund plaintiffs were not entitled to recover the contract price for all the lands and also the cost of drilling machinery purchased by them eisleben vs brooks TJ S circuit court of appeals federal 86 taxation of lease an instrument called a lease by which the owner of the land grants conveys and warrants to another his heirs successors and assigns all of the coal oil and gas under a tract of land together with the right to use the surface of the land as far as it is necessary in taking out the minerals so conveyed the consideration being that the lessee shall give the lessor certain quantities of the coal and oil mined also a certain price per well for each gas well that shall be drilled and used and also furnish the lessor gas sufficient to supply his residence and among other things contains a provision that in a certain contingency tin gency the lessee shall the property to the lessor held that the instrument ment operated to sever the coal oil and gas from the remainder of the land and that the interest segregated and conveyed became subject to be separately taxed and it was incumbent on the owner of the interest to list it for taxation mound city brick gas co vs goodspeed gas oil co supreme court of kansas pacific 1002 |