Walker

Appeal is taken from an order and decree adjudicating title to a power plant and certain personal property to be in appellee.

In 1902, Collin Brothers, Engle & Ford, a partnership, owned a group of patented quartz mining claims known as the Blackbird-Enterprise claims and a placer claim known as the Noble Placer claim situated about 2 miles west of the Blackbird-Enterprise group in Idaho. During that year and the following year, the firm constructed a hydro-electric power plant on the Noble claim at a cost of about $8,000, together with a transmission line from the Noble claim to the Blackbird-Enterprise claims where the power was used to operate an ore-crushing mill.

Appellee acquired the properties about 1912. On August 24, 1920, appellee gave to Mineral Mining Company, the bankrupt corporation, an option and lease upon all the properties. The price of $40,000 was due in installments. The option and lease provided that the option must be exercised before March 1, 1923. The lease and option covered the claims arid “all and singular the mines, minerals, lodes and veins within the lines of said claims and their dips and spurs, and all millsites, dumps, plants, tools, machinery,…