McGahey v. Oregon King Mining Co.

Citations

• 165 F. 86
• 1908 U.S. App. LEXIS 5354

Syllabus

<p>Mines and Minerals (§ 98*) — Minino Partnership — Construction • and Soope op Agreement.</p> <p>Complainants and other persons, who subsequently became the grantors of defendant corporation, formed a mining partnership for the purpose of prospecting and locating mining claims in a vicinity where one of the number had previously discovered a piece of gold-bearing quartz. The members made two expeditions to the vicinity, and there located a number of claims and did some work thereon. While going on the last expedition, at a place where they stopped several miles from their claims, one of the number was given a piece of rock, picked up as float, and was told where it was found, which information was imparted to all. The rock was thrown with other samples, and no attention was paid to it until after the expedition, when the person to whom it had been given had it assayed, and, finding it to contain mineral in paying quantities, he and two others of the partners went to the place where it had been found, and niter prospecting in the vicinity located a number of claims which they afterward conveyed to defendant corporation. Held, that the purpose of the partnership was accomplished at the end of the second expedition; that, since no mineral-bearing rock in place was found by the partners during that lime in the vicinity where defendant’s claims were subsequently located, there was no discovery which brought such claims within the scope of the partnership or entitled the other members ho any interest therein when the claims were subsequently discovered and located by defendant’s grantors.</p> <p>[Ed. Note. — For oilier cases, see Mines and Minerals, Cent Big. § 223; Bee. Big. § 98.*</p> <p>Mining partnerships, see note to O. V. B. Min. GO. v. First Nat. Bank of Hailey, 35 C. G. A. 515.]</p>