1. Preliminary Injunction — Dissolution by Pinal Decree.

A temporary injunction ceases to be effective on the entry of a final decree in the cause.

2. Mines — Right of Majority Owner to Wore — Idaho Statute.

Under the statute of Idaho, as construed by its Supreme Court, the owner of the majority interest in mining property is entitled to mine the same, accounting to the owner of the minority interest for his share of the net proceeds, in the absence of any showing of fraud or wrongdoing.

8. Same — Wrongful Exclusion of Minority Owner — Measure of Liability for Ore Appropriated by Co-Tenant.

Although the majority owner in a mine is authorized by statute to work the same, such authority does not extend to the right to exclude the minority owner from access to the property; and where the majority owner does so exclude its co-tenant, and is working the mine and retaining the entire proceeds under a claim of sole ownership through a deed obtained by fraud, it is liable on an accounting for the gross value at the mine of its co-tenant’s share of the ore produced, without any deduction for the cost of mining; and the fact that the minority owner, on the commencement of a suit to recover his interest in the mine and ore, did' not apply for a preliminary injunction, does not estop him to claim his share of such gross value of the ore thereafter taken out by defendant so long as he is so wrongfully excluded, the fact of the commencement of the suit being notice to defendant that it continued to exclude complainant at its peril.

4. Same — Parties Liable for Trespass.

Where, in a suit against a corporation and its individual grantors to cancel a deed to an interest in mining property for fraud, and to recover such interest and .complainant’s share of the ore taken out, it appears that such ore was taken and appropriated solely by the corporation defendant, complainant is entitled to judgment for the value of his interest therein against such defendant alone.

V1. See Injunction, vol. 27, Cent. Dig. § 392.