Bulletin 126 Abstracts of Current Decisions on Mines and Mining

SALE AND CONVEYANCE. DEED BY INDIAN ALLOTTEE OF UNSOUND MIND-BONA FIDE PURCHASER. The deed of an Indian allottee whose mind was unsound, but who was not entirely without understanding, is voidable if made before the grantor's incapacity has been judicially determined; and a purchaser of the original grantee who interposes the defense of a bona fide purchaser has the burden of showing a purchase for value and on failure to do so can not claim the benefit of a bona fide purchaser. Adams Oil & Gas Co. v. Hudson (Oklahoma), 155 Pacific, 220, February. 1916. PURCHASER OF MINING CLAIM-RIGHT TO FIXTURES. The purchaser of a mine equipped with an electric hoist, placed in the mine under a rental contract with the owner of the hoist and under an agreement to return it to the owner at the expiration of the term of hiring, can not claim and hold the hoist as against the owner where the agent of the seller explained to the purchaser that the hoist was not owned by the owner of the claim. Montana Electric Co. v. Northern Valley Mining Co. (Montana), 153 Pacific, 1017. p, 1018, October, 1915. AUTHORITY OF GRANTEE TO EXTEND LEASE. A deed conveying lands subject to an oil and gas lease under which the lessee had the right to drill or pay money in lieu of drilling at his option, and reserving to the grantor a share of the royalties under such lease, and expressly authorizing the grantee to lease the land for oil and gas purposes and to take the rentals, authorizes the grantee to extend the existing lease before the expiration thereof in consideration of the annual payment of money in lieu of drilling, as contemplated by the lease.