Rice v. Rigley
Idaho Supreme Court
APPEAL from District Court, Idaho County. This being an action to hold defendants as trustees of an undivided one-half of the property for plaintiffs, by the specific enforcement of the alleged prospector’s agreement, plaintiffs cannot have a decree upon a bare preponderance of the evidence, nor unless plaintiff’s case is clearly and satisfactorily proven and all doubts are cleared up. (Larkins v. Rhodes, 5 Port.
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APPEAL from District Court, Idaho County. This being an action to hold defendants as trustees of an undivided one-half of the property for plaintiffs, by the specific enforcement of the alleged prospector’s agreement, plaintiffs cannot have a decree upon a bare preponderance of the evidence, nor unless plaintiff’s case is clearly and satisfactorily proven and all doubts are cleared up. (Larkins v. Rhodes, 5 Port. (Ala.) 207; Lee v. Browder, 51 Ala. 289; Chambers v. Richardson, 57 Ala. 87; Lehman v. Lewis, 62 Ala. 133; Mobile Life Ins. Co. v. Randall, 71 Ala. 221; Bibb v. Hunter, 79 Ala. 358;…
1Opinion of the CourtSullivan, J.
This action was brought by the respondents Jacob N. Rice and Perry Mallory to enforce the specific performance of an alleged oral prospecting or grubstake contract, and to compel a conveyance to them of an undivided one-half interest in and to the Big Buffalo, Merrimac and Oro Fino mining claims, situated in Buffalo Hump or Bobbins mining district, in Idaho county, which mining claims, it is alleged, were located by appellants and defendants' B. R. Rigley and C. F. Robbins in pursuance of said alleged oral grubstake contract. After the commencement of the action, and before the trial, the…
2Cases cited18 opinions
- Bates v. BabcockCalifornia Supreme Court · 1892
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Printup v. MitchellSupreme Court of Georgia · 1855
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Whitney v. FoxSupreme Court of the United States · 1897
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3Cited by26 opinions
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Smith v. SmithIdaho Supreme Court · 1973
- Williams v. BaileySupreme Court of Florida · 1915
- Shurrum v. WattsIdaho Supreme Court · 1958
- Morrow v. MatthewIdaho Supreme Court · 1904
21 more not listed; retrieve them via the Exa API.