| Show GRUBSTAKE CASE REVERSED iI Idaho Supreme Court Passes on a liming Matter il TRIBUNE SPECIAL Boise Ida May IS Tho Supreme court has reversed the judgment of the Second District court in the insn brought lo establish a grubstake In the famous Big Buffalo and the Merrimac and Ore Fiuo claims in Buffalo Hump district The District court gave Judgment Judg-ment in favor of the plaintiffs Jacob N Rice and Perry Mallory for a half Interest 5n the property their claim I being based on alleged oral contract with the locators of the properly Thte Judgment is reversed on the ground that the evidence was not sufficiently clear and certain to establish the claimed interest in the land It Is also found that the lower court erred in admitting the evidence of the plaintiffs F plain-tiffs respecting matters of fact occurring occur-ring before the death of one of the ii I locators Robbins The property was located by B R Rlgley and C F Jtobblns in 1SOS The plaintiffs claim that Mallory gave them time information respecting which they jm made the location and that Rice fm nlshed the tools and supplies it being understood that all four were to sharp alike The opinion of the Supreme court Is by Justice Sullivan and Is very voluminous volu-minous reviewing the history of the case at length and making extended extracts from various authorities It seems Mallory had been prospecting In the Buffalo Hump country for a lost placer mine that members of his party had known of in 1S71 They camped on the Big Buffalo ledge but did not think It worth paying any attention lo Subsequently he was going through the country with Rlgley and Robblns and talked to them about timj Ife that Mallory did not consider said ledge of any value Ii J McLean apparently I ap-parently a disinterested witness test I lied that he called Mallorys attention to the ledge on which the mln s In dispute were subsequently located and had a talk with Mallory about It Ho testified I had some talk with Mr Mallory about It said ledge He came to our camp one night and I says there is a big ledge down there if you want ml to locate it a quartz ledge Ho said that it was bull quartz and there I wouldnt be a dollar in ICO acres of it If that conversation did occur it would show Mallorys opinion of said ledge and would rebut the Idea running through Mallorys testimony that hr was constantly talking about said ledge Judgment Is ordered entered in favor of the defendants 4 |
