Show RECENT MINING DECISIONS prepared for the mining rev review ew Attach attachment merit of mining Mai chinery where a purchaser ur chaser in possession of mining claims under a contract that the claims and machinery placed thereon should belong to the ven dor until the purchase price was paid placed machinery on the claims for use in working the mines and the machinery became fixtures attached to the mines the machinery could not be attached by a creditor of the purchaser while the purchase price remained unpaid conde v sweeney sheriff court of 0 appeal third district california pacific restraining levy on machinery A complaint in an action by a vendor of mining claims to restrain a levy on machinery placed thereon by the purchaser in possession under a contract stipulating that the property shall belong to the vendor until paid for which alleges that the machinery has become and is a fixture attached to the mines and is the property of the vendor is sufficient to justify a temporary restraining order conde v sweeney court of appeal third district california pacific duty of mine trustee where a mortgage of an mining claim who contracted with a judgment creditor of the mortgagor to foreclose the mortgage and acquire the claim and hold the title in trust to protect the parties under their liens and to do at his own expense the necessary assessment ses work to maintain his title purchased the claim at a foreclosure sale and executed an instrument reciting that as trustee for himself and the judgment creditor he purchased the claim the mortgagee was vested with the legal title in trust and he could not abandon the performance of his duty as trustee without rendering himself liable to the judgment cred creditor tor anderson v supreme court of oregon pacific assessment work by judgment creditor where a mortgagee of an mining claim who contracted with a judgment creditor of the mortgagor to foreclose the mortgage and acquire the title of the claim in trust to preserve the rights of the parties under their liens and to do the assessment work necessary to preserve his title and who agreed to sell the claim jointly with the adjacent claim of the judgment creditor at any time within three years and in case no sale was made within that time the lien of the judgment creditor should not be affected by the mortgage sale but he should receive out of the claim the amount due him subordinate to the mortgage purchased the claim and then failed to do the assessment work the judgment creditor could himself do the assessment work if not prevented by the mortgagee or one claiming under him and tack the expense onto his lien and if prevented he could apply to equity for a substituted trustee for that purpose but his right to enforce his lien created by the contract was dependent on the event that no sale of the claims was made within three years anderson v supreme court of oregon pacific assent of stockholders to sale st 1880 c as amended by st 1897 c 92 declares t that it shall not be lawful for the directors of any mining corporation to sell lease mortgage or otherwise dispose of the whole or any part of the mining ground owned by the corporation nor to purchase or obtain in any way except by location any additional mining ground unless such act be ratified by the holders of at least two thirds of the stock of such corporation then standing outstanding ou which ratification may be either in writing signed and acknowledged by the stockholders or by resolution passed at a regularly called stockholders meeting held that the act goes to the power or authority of directors to act and not merely to the personal liability of the directors so that a mortgage of the mining ground of a mining corporation executed prior to the repeal of the act in the absence of a ratification by the stockholders passed no title from the corporation royal consol mining co v royal consol mines california co ltd supreme court of california pacific visit to mine and life insurance to vis it a mine does not work a forfeiture under a benefit certificate containing a prohibition against engaging in prospecting or mining dutler butler v supreme court 1 I 0 F supreme court of washington pacific 1007 foreclosure of lien on claim A judgment of foreclosure of a materi almans lien obtained without service of process upon the owner of the property is as to him vold void for want of jurisdiction robertson v mine smelter supply co supreme court of new mexico pacific 1037 contract to purchase mine A purchaser of mining claims in possession under a contract stipulating that the claims and all the machinery placed thereon in working the mines shall be the property of the vendor until the purchase price is paid and permitting the purchaser t to 0 work and develop the mine and extract ores and appropriate the proceeds may prospect and develop the mines but he may not commit waste or remove from the situs of the mines that which constitutes a part of the realty other than ore bodies conde v sweeney sheriff court of appeal third district california pacific |