The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-11-09
MINING DECISIONS.


= @'S's
A person employed as a Waterman
and to collect accounts due a mining
company is not entitled to lien for
his wages under the laws Of oklaho-
ma.
Hunt Y. Stirling (Okla.) l57 Pacific,
TAI May 2, 1916.
Conveyance by Co. Owner--Fraud.
A deed from a part owner of mining
property to his co-owner with whom
he was on unfrendly terms, is not
subject to RECESSION merely because the
grantee concealed from the grantor
results of development work that in
creased the speculative value of the
property, but disclosed nc new or diff
ferent conditions from those already
known to the grantor.
Richardson V. Hehey (Ariz) 157
Pacific $50. June 2, 1916.
| Oil and Gas Lease-tield Mere Option.
An oil and gas lease providing roy
alties or rentals in lieu thereof was
held to be a mere option while the
lessee never went into possession of
the land and void il no rights were
exercised hereunder within a period
OF two years. A formal release by
the lessee as a condition precedent to
relief from liability for rentals was
| held unnecessary.
| Morton V. Drosten (Mo.) 1876 South
western, 1888. May 2, 1915
| Gas Lease-RentaIs in Lieu Of Drilling
A gas lease by it's terms required
the lessees either to drill wells and
pay royalties on their output, or in
| lieu thereof to pay stipulated rentals
The lessees paid the rentals but fail
ed to drill any wells. The territory
having been proved by neighboring
wells, the lessons brought suit for
damages in the amount of loss in
royalties resulting from the lessees'
failure to drill and the consequent
draining of the land through adjacent
wells. Held, no recovery could be had.
The covenant for rentals operated in
satisfaction of all claims for royalties,
the lessons having accepted the rentals
rendered Hereunder The lessons
remedy for lessees' failure to drill
would have been to terminate the
lease by forfeiture after due notice to
commence work. Not having awaited
of that remedy, he can not sue for
damages.
Carper V. United Fuel Gas Co. CIV.
Va), SO Southeastern, u. May 16,
1916.
Meander Rule Applied to Mining
Claims.
The plat and field notes on which a
survey for a mineral patent was based
are admissible in evidence to explain
the descriptions in the patent. A me-
ander line is line run in the survey
OF particular portions of the public
domain bordering on a stream or other
body of water, not as a boundary OF
the tract surveyed, but for the purpose
of defining the sinuosities of the bank
of shore of the water, and as 6
means of ascertaining the quantity Of
|, land within the surveyed area subjec
to sale. The shore or bank itself Ii
the real boundary. This rule of me.
ander lines is now held to apply t
mining claims and the courses anC
distances shown in the patent of GER
tain lode claims on the shore of Gas
tineau channel in Alaska were dis
regarded as fixing boundaries in favol
OF the actual line of ordinary higl
tide at date of survey. Land to thu
seward of this line which has beer
J filed in by artificial methods is no
open to mineral location.
Alaska United Gold Mining Co. ct a
". Cincinnati Alaska Mining Co., ct al
Gland Department. decision of Secre
tary of Interior, April IS, 1916. (No
yet reported).