Mitchell v. McCutcheon

OPINION OF THE COURT

WATSON, J.

The judgment appealed from sustained liens claimed by appellees upon appellant’s mining' claims for labor performed at the instance .of appellant’s lessee, foreclosed the liens, and ordered sale of the property.

The first questions presented require construction of our lien statute as applicable to labor performed on mining claims, at the instance of a lessee. As we understand appellant’s contentions, they are (1) that a lessee is not to be considered an “other person having charge of any mining,” who, under Code 1915, § 3319, is to “be held to be the agent of the…