The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1903-11-05

As We observed lilt biitilSt iiS'o ithN
pendently of the statute of limitations.
The doctrine of laches In equity courts
is much older than any statute Of limita-
tions.
This rule requiring extra diligence in
casts involving mines is not confined to
our Western States. The English courts
have frequently announced 1t. Lord jus
tice knight Bruce sitting in the High
Court of Ghaneery thus declared IL "A
mine which a man works 3 IN the nature
of trade carried on by him. II requires
his time care attention and skin to be
bestowed on 1t. besides the possible ex-
uenditure and risk of capital, nor can any
degree of science. foresight and examina-
ton. afford a sure guarantee against sud
den losses disappointments and reverses
In such eases a man having an adverse
claim in equity on the ground of u con-
stfuetive Trust should pursue 1t promptly.
and not by empty words merely. lie
should show himself in good time viii
ing TO participate in possible loss as well
as profit. not play a game in which he
alone risks nothing
clegg Us. Edmondson, De Gex NJ. a
G. 1871
To the same effect was the language Of
the Vice Chancellor In
Pendergast vs.. Tufton l Younge q
Col. Oh. 9S.
The language used by Mr.. Justice
Miller in delivering the opinion Of the
United States Supreme Court. in Twin
Lick oil Co. vs.. Marbury. 81 L. S 5S7.
used In that case with reference To oil
wells. is also applicable to mines Of the
precious metals Property worth
thousands to-day Is worth nothing to-
morrow; and that which would sell for
81 600 as its fair value, may by the nat
ura1 changes Of "A week or the energy
and courage OF desperate enterprise. In
the same time be made 10 yield that much
every day. The Injustice. therefore. Is
obvious of permitting one holding the
right to assert an ownership in such prop
crty to voluntarily await the event and
then decide. when the danger which Is
over has been al the risk OF another. to
come in and share the profit. While a
much longer period might be allowed to
assert this right In regard to real estate
whose value Is tNed. on which no outlay
is made for Improvement and but little
change in value the class of property
here considered. subject To the most
rapid. frequent and violent fluctuations
in value Of anything known To property
requires prompt action In all who hold
an option whether they will share In the
risks or stand clear Of them. The delay
IN the case from which this quotation was
made was less shan four years. Il was
held that complainant had waited too
long.
Great West Mining Co. vs. woodmas
Mining Co. % Pae. sos
was Il case when there had been two years
delay In beginning an action to set aside
n sherins deed on a sale OF mining prop
orty under "A judgment obtained without
service. The Judge Of the trial court
found that the piaintim had acted with
upFt uenraal4lg delay "a asserting ~ rights
In affirming the decree dismissing plain
tins bin the Supreme Court of Colorado
says. 1T Is familiar principle that
courts OF equity will only grant relief in
cases I'm which the application therefor
Is made promptly and without unreason-
able delay, whatever may be the merits
Of the controversy. The necessity for
the application Of this rule To cases In
which the subject matter Of the litigation
Is the right to unpatented mining prop
erty. the only value Of which arises from
the precious metals contained therein. is
apparent. The value Of such properties
IS always uncertain. and usually purely
speculative
Retaining from lengthening this opn-
ion by the numerous quotations which
might be made from the highest courts In
the land giving similar expression 10 the
rule. ! will add few examples Of the
upbHthllNh OF ltlt dhfAflHF III lAtHfH 10
mining and other speculative property.
Plaintiffs laches was held To bar his
action to redeem stock OF the Calumet
and Hecla Mining Company which he al
legged to have been fraudulenty sold.
where he delayed three and one half
years in beginning his suit
Hayward ys. National Bank. 81 Z 8.
Gil.
Less than FIVE years delay held to bar
action 60 enforce trust on mining prop
erty which in the meantime had been
developed and greatly increased in
value.
Johnston W. Standard Mining Co. las
L. s. al.
RECESSION Of a contract for sale Of mine
on the ground of fraud was refused after
1--WE years delay.
Kline vs.. Webb. "a Fed. IS.
In an action to have trust declared
and enforced ON mining property on ac-
count of an alleged mining partnership
created by written agreement Judge
Thayer rendering the decision for the
4. S. Circuit Court OF Appeals. Eighth
Circuit, held that TWO YEARS delay
after complainant knowledge OF respon-
dents reputation Of the trust. where
the property had enhanced In value, was
such laches as deprived plaintiff of a
right To relief. And the laehes being
unexplained In the bin demurrer to
II was sustained and the bill dismissed
Curtis y Lakin. "a Fed. z51.
TWO AND ONE-TIALF YEARS de-
lay in bringing suit for mining property
which had greatly increased In value was
held laehes.
Iron Co. v. Lake Superior Iron Co.
CMieh) 76 N. w. 4Oi.
Where the complaintnts bill did not
explain THREE AND ONE-HALF years
delay in bringing an action for the re
scission of a contract Of purchase OF
land alleged TO have been made through
respondents false representations, and
the property, town lots IN a boom
town, was of speculative character.
Judge Taft for the T. s Circuit Court
of Appeal, Sixth Circuit. held that the
bill should laches and was rightly dis
missed on demurrer.
sagadahoe Land Co. v. Ewing, 65
Fed 702.
Where there was SIX MONTHS delay
In bringing suit after complainant ac-
quired knowledge Of alleged frauds In
reference to mining property. the Lord
Chancellor thought that relief should be
refused.
Atwood Y. Small Clark & r. 1856
Keeping in mind the Views so forolbly
enuneiated In the cases cited SUPRA.
the laches of plaintiff in the case al
bar becomes very evident. She knew In
May, 1899, that the Joanna" had been
located in the name of Mrs. Watson
yet she delayed for almost two years
and eleven months before bringing this
suit In the meantime through the en-
ergy' enterprise, foresight time, labor
and skill in management of the defendant
William a. Watson. the Joanna" had
been opened up and developed as a mine
ana greatly enhanced In value. Had
me mine proved worthless, had II even
lain undevelop"H, this action would not
nave been commenced. Her conduct
!lnIA2 EL.I LDLLil L.......