Nisbet

1. One of several parties engaged in a mining venture may, at his pleasure, sell his interest in the property acquired; but he cannot, except under special circumstances of wrong or oppression, maintain an action for partition. Our statute fixes the relations, duties, and liabilities of parties engaged in mining ventures toward one another; and it was the intention of the Legislature in giving to a party thus engaged with others the right to put another in his place without interrupting the business, to take away the common-law right of requiring a dissolution of the copartnership, and as well the right of a cotenant to demand partition of the common property. As a rule it would be ruinous to mining enterprises if the owner of a small interest in the mine could demand as matter of right partition or sale of the mining property.

2. The majority in interest of a mining partnership have the right to control the working of the mine and the affairs of the company. (Dougherty v. Crary, 30 Cal. 300 .)

In this case, Nash, Fletcher, and Sexey owned three-fourths of the mine, and John Nisbet the other fourth. Together they had prosecuted work for more than three years for opening and…