Digest of the Law of Mines and Minerals and of All Controversies Incident to the Subject-Matter of Mining; Comprising the Cases in the English and American Reports, from the Year Books to the Present Time (1878) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ...was revocable at any time at their option, holds under a mere license, and by continuing work after its revocation becomes a trespasser. Lockwood v. Lunsford, 56 Mo. 68. 39. Re-entry--Ineffectual notice. A license to mine was granted, with a proviso that if the grantee, after notice to work according to his covenant, failed to keep six miners at work, and the grantor fixed notice on the premises that he intended to avoid the license, it should be lawful for the grantor to re-enter within a month after fixing the notice, and then the license should be void: Held, that notice to the grantee that unless he kept six miners to work, the grantor would re-enter at the expiration of a mouth, did not avoid the license or render the grantor's re-entry lawful. Mutkttt v. Hill, 5 Bing. N. C. 694; 7 Scott, 855. 10. Compensation--Notice. A parol license of mining lands is valid, ana can only be terminated by compensation to the licensee or the notice necessary to terminate a tenancy at will. Harknest v. Burton, 39 Iowa, 101. 11. Compensation--Notice to determine tenancy. A parol license to enter upon mineral lands and mine the same, for a specified share of the mineral raised, for an indefinite time, an entry under such license, and an expenditure of labor and money in sinking shafts, running drifts, procuring machinery, and other preparations for mining under such license, gives to the licensee a valid, subsisting interest in the real estate which the licensor can terminate only by giving him compensation for such expenditure, or the notice necessary to terminate a tenancy at will; and the licensee may assert his right to the possession against the licensor, or his subsequent lessee with notice, by ejectment. Beatty v. Qrtgory, 17 Iowa, 109. IS. Abandonment of. Whether ...