Baum v. Rainbow Smelting
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. This is an action by J. H. Baum against the Rainbow Mining, Milling & Smelting Co. to recover an undivided one third interest in two certain quartz mining claims, located jointly by Robert W. Thomason and Lawrence Cantile, known as “Rainbow Claim No. 1” and “Rainbow Claim No. 2;” the latter being an extension of the former, and located upon the Rainbow vein, a lode of mineral-bearing rock in place, situated near Drew’s Creek, a…
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From Douglas: James W. Hamilton, Judge. This is an action by J. H. Baum against the Rainbow Mining, Milling & Smelting Co. to recover an undivided one third interest in two certain quartz mining claims, located jointly by Robert W. Thomason and Lawrence Cantile, known as “Rainbow Claim No. 1” and “Rainbow Claim No. 2;” the latter being an extension of the former, and located upon the Rainbow vein, a lode of mineral-bearing rock in place, situated near Drew’s Creek, a tributary to Elk Creek, in Douglas County, Oregon. Each party claims the legal title, and to have deraigned from Thomason and…
1Opinion of the CourtJustice Wolverton
The single question involved is, was the trial court in error in granting the nonsuit? To determine this requires a brief statement of the evidence adduced pertinent to plaintiff’s cause: The plaintiff testified in substance, that he first went on the property in November, 1898; that he was out looking for magnesia ore and was referred to Thomason as a competent guide; that he made arrangements with him, as such, to take him to the locality of • the deposits; that while on the way Thomason took some ore from his pocket and inquired of the witness what it was, and, being informed that it was…
2Cases cited3 opinions
- Taylor v. DansbyMichigan Supreme Court · 1879
- Chase v. SennNew York Court of Common Pleas · 1891
- Rutland & B. R. Co. v. CrockerU.S. Circuit Court for the District of Vermont · 1858
3Cited by2 opinions
- First Nat. Bank of Burns v. BucklandOregon Supreme Court · 1929
- Farmers' State Bank of Mineola v. MincherCourt of Appeals of Texas · 1924