Morse v. De Ardo

Appeal from the judgment.

The action is to foreclose a lien upon defendants’ property for labor performed upon a mine situated thereon.

Defendant De Ardo was the owner under patent from the United States for agricultural lands of a farm containing about one hundred and sixty acres. He had sunk a shaft upon his land and discovered a bed of auriferous gravel. He had then bonded his land to his codefendant, Howes, with privilege to Howes of working the gravel deposit and developing the mine. Howes engaged plaintiffs in and about this work, and, having failed to pay them, they seek by this action…