The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1901-11-21

WEIs ER, IDAHO, Nov. 16, 1901.
Mr.. R. E. Lockwood,
Dear Slr:-The article published
in your columns of November 14th
signed by Mr.. o. F. Paxton is mis-
leading. He states as one of the
reasons that Mr.. Hail forfeited the
contract (on which $40, 900 had been
pald) because ga partition suit Is
pending brought by an owner of one
of the other interests" When Mr.
Paxton wrote this article he certainly
could not have had in mind clause
23 of the contract which reads as
follows:
''Should the owners of the sevensix-
teenth of said three mining claims not
owned by the party of the first part, at
any time during the continuance of this
agreement, obtain decree OF court parti-
tioning said mining claims and the same
be partitioned pursuant thereto, then and
in that case the rights of said party Of
the second part under this agreement
shall attach to and effect the portion of
said mines set off to said party of the first
by said partition; and if by said decree
of partition said mines be decreed to be
sold, and the same are sold pursuan.
thereto, then and in that case the rights
of the party of the second part hereunder
shall not attach to and affect the portion
of the proceeds of such sale belonging to
the party of the first part, and IN such
event the party of the second part shall
have no claim against the party OF the
first part to be reimbursed for any moneys
by him expended on said property or fol
the repayment Of any moneys paid by him
hereunder to the party OF the first part,
or have any interest in the portion of the
proceeds OF such sale belonging to the
party of the first part, except upon pay
ment of the entire balance due upon the
purchase price hereunder, and the party
of the second part shall not be relieved
by the tendency of any such partition
suit from making payments hereunder
Nothing herein contained shall preven
the party of the second part from making
and enforcing for his own benefit any
right or claim he may have against thu
owners Of the said seven-sixteenth inter
est of said mines or their interest in th
proceeds of said sale, and the party o
the second part IN any such partition
suit shall have the right to intervene ant
to be made party for the protection 0
his rights"
From the above it may be deter
mined that Mr.. Hall has forfeited al
his rights to the e-sixteenth in
terest of the American Mining Co.
Limited, and as he has only leas
made on September 30 of the presen
year, which said lease is made on th
even-sixteenth interest for one year
it may easily be determined hoy
much interest, if any, Mr.. Hall ha
at this time in the Peacock, Whit
Monument and Helena mines. Th
contract from which clause 70
quoted above was recorded in Wash
ington county, Idaho, at the reques
of Chas. w. Whitcomb, and tn
Boston. and Seven Devils Copper Co
being the parties of the secon
part. the American Mining &c
parties of the first part. LII
entire contract may be read
the recorders office by anyone wh
takes an interest in it. The Amer
ican Mining Co., obtaining promis
from Mr.. Hall and Mr.. Whitcom
that they would furnish them copi'
of any contracts which they bs
from others on these propertie
This promise was made and elaine
to have been carried out in conside
alton of the American Mining U
extending at one time some of Il
payments which became due und
the contract with them. The part
ton suit which is pending vi
started by one A. M. Hotter, wi
claims to own seven n-thirty-secont
of the property, he being the so
plaintiff, all other interested partie
including Granville Stuart, are mac
parties defendant. Holter's title