Bulletin 79 Abstracts of Current Decisions on Mines and Mining

CONSTRUCTION OF STATUTE-SALE BY ENTRYMAN. The timber and stone act (20 Stat., 89) does not forbid an entryman from alienating his interest in his claim; but the act makes illegal any prior agreement by which the entryman acts for another in the purchase. Worden v. United States, 204Fed., 1, p. 4, April, 1913. ASSUMPTION OF DEBT BY GRANTEE-LIABILITY TO CREDITOR OF GRANTOR. A grantee of a mine who agrees to pay the grantor's debts in part payment of the purchase price of the mines becomes to that extent the principal debtor, and the grantor becomes the surety, and the grantor's creditor may in equity enforce his claim against the grantee of the mine, and the grantor in such a case is not a necessary party. Silver King Coalition Mines Co. v. Silver King Consolidated Mining Co., 204Fed., 166, p. 169, April, 1913. RIGHT OF COTENANT TO MINE AND SELL. A cotentant in exclusive possession' of mining property who extracts and sells ore is entitled to charge against the proceeds of the sale the reasonable and necessary expense of its extraction and marketing, as in such case the cotenant is not a trespasser.