The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1914-06-11
IMPORTANT DECISION
ANNUAL. LABOR PROOF
COURT REVERSES
JUDGE WOODS ON POINT OF
MUCH INTEREST.

An affidavit that the assessment
work required annually has been done
upon mining claim, is prima facie
evidence that may be controverted by
direct evidence in court invalidating
title to such claim resting upon the
performance of the work, according to
an opinion just handed down by the
supreme court. The opinion, given in
the case of Dickens West Mining com
pany, a corporation, respondent, YER
pany, corporation. appellant, re-
verses the judgment of the trial court
on this point The case also involved
the longer established point that a
foreign corporation, unless it files ar
ticles of incorporation with the secre-
tary of state and otherwise complies
with the statutes of Idaho has no au-
thority to do business and hold rea,
estate within the state.
The case which was appealed from
the First judicial district, Shoshone
county was an action to quiet title in
a mining claim known as the Mon
tana lode in the yreka mining district.
The claim was originally located in
1897 by Amelia H. Cameron, who deed
ed it to the Dickens West company in
1907, but the deed was not recorded
until December, 1912. Early in 1912
the claim was again located by one
Inghram and called by him the Half
Moon. He represented that the claim
was vacant and not being worked.
Later he conveyed the claim to the
Crescent company. Suit was begun in
Judge Woods court by the Dickens
West company to quiet its title to the
claim, and was decided in favor Of the
plaintiff.
Failed to Comply With Law.
Claim was made by the appellant
corporation that the Dickens West
company, organized under the laws of
the state of Washington, had not COM
piled with the laws of the state of
Idaho so as to give it authority to
hold real estate and do business in
this state, until after the mining claim
in question had been conveyed; that
the deed by which the Dickens West
company had acquired the claim was
given in July, 1907, and that the cor
poration laws had not been fully com
piled with until 1912. The evidence
sustained this claim.
The Crescent company, appellant
also claimed that the annual assess
ment work of 800 for 1911, required |
by law, had not been done upon the |
disputed claim. As evidence to the |
contrary, the Dickens West company |
presented an affidavit by T. V. Lowney |
that this work had been done and tes-
timony of the company officers that
Lowney had been paid 500 for this
work. Several witnesses We're intro
duced by the Crescent company who
testified that not more than S. worth /
Of work had been done upon the claim
in 1911
ON these two showing. first that the
Dickens-West company, plaintiff In
the trial court, had failed to comply
with the law in regard to foreign cor
porations and therefore received no I
title to the mining claim by the deed
rom Mrs. Cameron; and, second, that
here was failure to perform the an
lual assessment labor for the year 8
l9ll, the judgment was reversed and !
new trial granted, costs being G
Iwarded to the appellant Chief jus a
ice Atlshie corcurred with Justice Q
Judge Dunn sitting in place =
# Justice Stewa-t, wrote brief dis q
enting opinion, declaring a conflict in t
ne evidence, and therefore not sufn- !,
lent grounds for reversing the trial .
curt. II