McMahon v. Meehan
District Court, D. Alaska
Plaintiff and defendant Meehan, at Nome, Alaska, in 1900 and 1901 engaged in prospecting. With one Burk they undertook to sink holes to bed rock on a placer mining claim on Tissue river, north of Nome, upon an agreement with the owner that the three should receive one-half of the claim upon the completion of the work. Plaintiff paid for two-thirds of the food supply used on that contract and Burk a third part.
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Plaintiff and defendant Meehan, at Nome, Alaska, in 1900 and 1901 engaged in prospecting. With one Burk they undertook to sink holes to bed rock on a placer mining claim on Tissue river, north of Nome, upon an agreement with the owner that the three should receive one-half of the claim upon the completion of the work. Plaintiff paid for two-thirds of the food supply used on that contract and Burk a third part. They engaged in other efforts along that line, but unsuccess- • fully. On the 14th day of October, 1901, at Nome, plaintiff and defendant made and signed an agreement in writing as…
1Opinion of the Court
WICKERSHAM, District Judge.
In the case of Copper River Min. Co. v. McClellan, p. 134, supra, I had occasion to examine into many of the questions which lie at the foundation of this case. It is there announced, as a general principle, that if an agent locates land for himself which he ought to locate for his principal he is in equity a trustee for his principal. Included therein is the further well-established principle that if one person, upon agreement with and at the expense of another, locates a claim in his own name, he holds the legal title in trust for the benefit of the party with…
2Cases cited3 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Cisna v. MalloryU.S. Circuit Court for the District of Washington · 1898
- Craw v. WilsonNevada Supreme Court · 1895
3Cited by3 opinions
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- State Ex Rel. Cole v. District CourtMontana Supreme Court · 1927
- Schmidt v. HortonNevada Supreme Court · 1930