Templar Mining Co. v. Williams

Action in forcible entry and detainer brought by plaintiff and appellant against defendants and respondents to recover possession of certain mining lands situate in Tuba County. The defendants had judgment, and the plaintiff appeals.

The record shows that on or about the 7th day of April, 1934, the defendants in this action leased certain mining property to parties named therein, who thereupon assigned said lease to the plaintiff in this action. The plaintiff appears to have mined and operated said premises under the lease and option throughout the period involved in this action, the last work being done on April 28,1936. On that date, work ceased. All tools, machinery and equipment of every kind and character were left upon the premises. The lease, which, by the way, contained an option to purchase, contained the following clause:

On May 2, 1936, the respondents entered upon the leased premises, took possession of the same, locked the gates leading thereto on one road, and on the only other remaining road felled a tree across it so as to block ingress. On May 12, 1936, the plaintiff caused to be personally served on defendants a written demand for the possession of the…