Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1899-07-28

II ed and received with all the 90
" emnlties that the law throws arouu
the execution of such an instr,
II ment. In the case at bar no dee
was necessary, and none was mad
= whereby the defendants obtaine
titie, and there is no solemn act {
the parties to be avoided or don
;, away with, such as the ackuow
edgment of an instrument to cor
: vey title; and upon whateve
= ground the courts in the differep
: cases have applied the rule in ques
ton, none of the reasons exist il
TINS case SO far as the Court ca
observe.
The Court believes that the rul
/ as set forth by the defendants doe
not apply in this case, and that i
Is to be determined according t,
the rule governing the proof of an,
oral contract, which is that 4 pre-
ponderence of the testimony is al
mat IL necessary to establish plant
IFS case.
The facts in this case and tn,
views Of the Court thereon are sub
stantially as follows:
The plaintiff Mallory, during the
early part of July, 1898, noticed
the Lodges Of mineral designated
afterward as the Big Buffalo, Mer.
rlmac and Orc Elmo mining claims.
he is not a good judge Of minerals,
but that he did discover and find
these claims, or the ledge which
runs through the claims, can
hardly be said to be controverted.
After making the discovery and
going to Florence, a distance of
about thirty miles, and while in
camp near Florence he became ac-
quainted with the defendant Rig
ley, and also met the defendant
Robbins. 1t appears also, and this
Is undisputed, that about midway
between Florence and Buffalo
Hump is point called Wind river,
and that the plaintiff Mallory had
located some claims at this point
before meeting the defendant Rig
ley. While the three parties with
others were camped near Florence
Mallory informed Rigley of the
Lodges which he had seen at both
Wind river and Buffalo Hump.
From the testimony of Mr.. Rigley
1t would seem that there was not
SO much stress placed by Mr.. NAL
lory upon the lodges he had seen
at the Hump as there was with
reference to the ones on Wind
river, but from that of Mr.. NAL
Tory it would appear that particu-
lar stress was laid in this talk upon
the large lodges he had seen at
Buffalo Hump, and particularly the
one in controversy. That provis-
ions were obtained from the plant
iii Rice is not denied, the conten-
ton being only what these provis-
ions were obtained for, the defend
ants contending that it was under
stood and agreed that they (Rigley
and Robbins) were to do some work
upon the claims at Wind river, and
that he was to have from Mr.. Nal.
Tory an interest in those claims.
and that they were to do the work
on account Of Mr.. Mallory being |
compelled to 60 out of the mount
aims, and were to receive either an |
interest in the claims or pay for
their work; while the contention of |
the plaintiffs is that this grub was
furnished for the purpose of having
the defendants Rigley and Robbins
proceed to both Wind river and
Hump to make the location
Of the lodges described by Mr.. NAL
lory.
After obtaining the necessary
articles the defendants Rigley
and Robbins and the plaintiff Mai
lory went to Wind river, and NAL
lory remained with them until such
work was done upon the claims
here as they thought necessary to
hold the claims under tho law.
1t seems that previous to this
lime one Bergman, who had been
n the neighborhood Of Buffalo
Hump with Mr.. Mallory, came out
% Florence and there met Mr..
again and Mr.. Rigley.
This was prior to the party going
% Wind river, and in q converse
ion with Rigley he informed him
If some of the rich placer grounds
which he (Berryman) had dis
covered within twelve or fifteen
niles of Buffalo Hump about the
Tear 1860, and that he had recently
made trip there and was just re-
urning from another unsuccessful
lunt for them.
After completing the work upon
he claims at Wind river the de- [
endcnts Rigley and Robbins pro- T,
eeded to Buffalo Hump and the
'laintiff Mallory started in the
ther direction after having, as he {
laims, given directions 80 that
hey might be able to locate the '
laims which he had described at '
buffalo Hump. 4
II ia n1aimad hxy Rirlox, <ba% h. | ,