Lockhart v. Washington Gold & Silver Mining Co.

Citations

• 16 N.M. 223
• 117 P. 833

Syllabus

<p>SYLLABUS.</p> <p>1. Evidence to show the existence and consummation of a fraudulent conspiracy, held to be competent.</p> <p>2. Any fact occuring during any part of the ninety day period for perfecting the location which tended to establish any feature of the conspiracy was competent.</p> <p>3. Other acts besides posting a notice are required to obtain exclusive right to possession of a mining claim. T'he claim must be marked on the ground so that its boundaries can be traced, and within ninety days a shaft must be sunk, and the notice recorded.</p> <p>4. The object of defendants was to acquire the right to possession by location and it can not be said; that the conspiracy was complete until all of the acts necessary to a complete right to exclusive possession had been performed.</p> <p>5. Certain acts and declarations of alleged conspirators held to be harmless.</p> <p>6. Communications to attorney by conspirators who gave advice in aid and furtherance of the conspiracy, are not privileged.</p> <p>7. Principal was bound by agent’s knowledge of traud.</p> <p>8. Held' that portion of original locators and) owners of mining claim who were represented in the location of the claim in dispute, by the other portion of such locators, were bound by the knowledge of the latter locators.</p> <p>9. While failure to perform necessary acts of location results in forfeiture as against the subsequent qualified locator, it falls far short, under the facts in this case, of establishing abandonment.</p> <p>10. Contract providing that any fraud on part of grubstake prospector should result in forfeiture of his one-third interest to the plaintiff was enforcible.</p> <p>11. Findings based upon substantial evidence will not be disturbed by this court.</p> <p>12. Held that previous mining claim had no legal existence where locators merely posted notice and no other act of location is shown and where such notice is removed with knowledge of locators.</p> <p>13. Departure of finding from