Lockhart v. Rollins

Citations

• 2 Idaho 540
• 21 P. 413
• 1889 Ida. LEXIS 6

Syllabus

<p>Exceptions — Stipulation Extending Time — Waiver.—When exceptions to evidence are taken during the trial, but such exceptions are not settled until two months after the trial, and more than a month after filing decision the appellant then having prepared a ease embodying a bill of exceptions, in which bill the exceptions taken during the trial are included, and the case containing such bills allowed, and settled without objection in the presence of the attorneys for the respective parties, held, that such exceptions are not waived; held, also, that by the failure to object at the settlement the party is deemed to have agreed to the extension of time under section 2426 of the Revised Statutes of Idaho.</p> <p>Local Custom op Miners as to Transfers. — Evidence of local customs of miners, as to the manner of transfers of interests in mining claims, previous to July 26, 1866, is admissible.</p> <p>Verbal Transfers — Change of Possession. — Verbal transfers, if followed by change of possession, are valid as transferring claimant’s interest.</p> <p>Labor of Watchman — Work Done on Mine. — Where mining works are idle, time and labor of a watchman and custodian on the property in taking care of it is labor done on the claim.</p> <p>Relocation — Owners’ Rights.- — A party cannot make a valid relocation of lands legally possessed by another, until the owners’ rights have been abandoned, forfeited or otherwise ended.</p> <p>Agent of Nonresident Owners. — The undertaking by one on the ground to procure a purchaser for a mining claim, the owner being nonresident of the territory and having no other agents in the territory to look after the claim, constitutes a fiduciary relation of such persons in relation to such property.</p> <p>Agent Relocating foe Himself. — A person sustaining such fiduciary relation in respect to a mining claim cannot defeat the rights of his principal by relocating it for himself.</p> <p>Same. — If he so do relocate it, and benefit accrue from such act