Boulton v. Ditz
District Court, D. Alaska
The .plaintiff in this action seeks to compel the defendants to deed to him an undivided one-third interest in and to the Mascot Bench placer mining claim, located in the Nulato mining and recording district.
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The .plaintiff in this action seeks to compel the defendants to deed to him an undivided one-third interest in and to the Mascot Bench placer mining claim, located in the Nulato mining and recording district. There is a' prayer that an accounting be had of the mining operations on the property and that the plaintiff recover one-third df the net profits. ' The trial of this action was had at Ruby, by the court without a jury, and was completed on the 24th day of August, 1917. The case went to trial with Boulton as plaintiff and Ditz as defendant. At the close of the defendant’s case it was…
1Opinion of the Court
BUNNELL, District Judge.
Counsel for plaintiff have submitted an instructive brief on the several subjects of co-tenancy, partnership, specific performance, equitable mortgagor and mortgagee, cestui que trust, trustee ex maleficio, and principal and agent. Generally I agree with the law submitted, but I am unable to find that it can or should be made applicable to the facts in this case. It would be, indeed, a strange state of affairs if Boulton, having entered into a mining venture,'such as the evidence discloses this was, and, after having declared that he was done, and would have nothing…
2Cases cited3 opinions
- Cameron v. BurnhamCalifornia Supreme Court · 1905
- Larsh v. BoyleSupreme Court of Colorado · 1906
- McGahey v. Oregon King Mining Co.U.S. Circuit Court for the District of Oregon · 1908