SECTION 627. Grounds of equity's jurisdiction. 628. Of the property transferred to receiver. 629. Discretionery - Refused in doubtful cases. 630. Possessory actions — Solvency of possessor. 631. Receivers of corporations. 632. When cotenant entitled to. 634. Mortgagee may have, pending foreclosure. 635. At instance of mortgagor. SECTION 638. Equity's juridiction. 640. Same-To minerals after severance. 641. By and against whom maintainable. 642. Between lessor and lessee. 643. The adverse claim or title. 644. When plaintiff must have possession. 645. Possession of mining claims sufficient. 646. To ditch and water right. 647. What petition should show. SECTION 653. Parties placed in statu quo. 654. Same-Contract for mining stock. 655. Sales of mineral-Inferior quality. 656. Fraudulent sales of mines and mining land. 657. Same-Evidence of fraud Statements of value. - 658. Violation of confidential relation. 659. When mistake will justify rescission. 660. Delay bars recovery. MINES AND MINING PART I. RELATIONS ARISING FROM OWNERSHIP IN MINES AND MINERALS. CHAPTER I. MINES AND MINERALS GENERALLY. SECTION 1. What is a mine. 2. The pit or excavation. 3. Same-Mine distinguished from quarry. 4. Nature and definition of minerals. 5. Same-"Veins " -"Seams" and "Lodes." 7. Soil and subsoil not mineral. § 1. What is a mine? — In legal contemplation, a mine, such as will be treated of herein, is a pit, or excavation in the earth, from which mineral is taken.1 The term is perhaps derived from the Latin word, "minare," of the ancient ages, signifying a subterraneous passage, whether in search of 66 1 Wharton's Law Lexicon; Webster's Dict.; Johnson's Dict.; Worcester's Dict.; MacSwinney on Mines, -a scientific English text-book of great value-pp. 1 and 3; Blan. & Wk. Ld. Cas., p. 13; Pierce v. Tidwell, 81 Ala. 299; Ah Yew v. Choate, 24 Cal. 562; Springside Coal Co. v. Grogan, 53 Ill. App. 60; Midland R. Co. v. Haunchwood, 20 Ch. D., 555. This definition may be inaccurate, but is deemed in accordance with the popular meaning placed on the term by English and American interpretations. "Earth" is here used in the sense of soil, not as a planet. |