Eastwood v. Standard Mines & Milling Co.

Citations

• 11 Idaho 195
• 81 P. 382
• 1905 Ida. LEXIS 45

Syllabus

<p>Miner’s Lien — Record Title to Mines — True Owner Estopped by Conduct prom Asserting Title — Findings Must be Liberally Construed.</p> <p>1. Under the recording laws of this state a public reeord is an available, convenient and ready means of information as to all such questions touching the title to real property as are required to be made a matter of reeord.</p> <p>2. As a general rule, a person may rest upon the constructive notiee which the reeord of his title imparts, and he is under no duty or obligation to give any other notiee to anyone who assumes to deal with other parties in reference to such property.</p> <p>3. Id. — He may, as a general proposition, remain silent and passive.</p> <p>4. On the other hand, whenever he becomes active, his actions, declarations and conduct with reference to his property and the title thereto must not be such as to deceive or mislead a reasonable person dealing with reference thereto or to deter, prevent or dissuade such person from examining the records and learning the true conditions of the title.</p> <p>5. Where F. gave to a corporation an option to purchase certain mines and mining property, and directed and caused the agent of the company to post a notice on the property, which notiee contained the statement that the company was the owner of the mines, and F. knew the contents of such notice and knew that miners and laborers were working in the mines and for the company upon the faith of such notice, and under the belief that they could have a lien on the property for their wages, and F. permitted such notice to remain on the property during all the times the men were so employed, and did not inform them of the true condition of the title, and the men knew that he was cognizant of the notice and its contents, he will be estopped to show his title as a defense to the assertion of their lien.</p> <p>6. The appellate court will give to the findings of the trial court the most liberal construction the language used will