Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1874-12-14
Important Mining Suit.
trr.a III. San rnaei.eo cArouicl.. DEC. ~

lFrem The Ban Franciseo Chfonicles Dee. il
George W. Kinney has instituted q
suit in equity. in the United States Cir.
cult Court, against the Consolidated
Virginia Mining Company, fhs CAL
ifornia Mining Company and Sol Hey
denfeldt. Plaintiff AYERS that on the
9Th OF April. 1872. he was the owner OF
certain mining grounds in Storey county,
Nevada. comprising the undivided ten
feet and one-twentieth Of a foot Of
ground on the Comstock lodge. in the
northerly twenty and one-tsnth feet OF q
looation made by plaintiff on the 2lst OF
September, 1859, in his own name,
whereby he located sixty feet in extent,
commencing Ave hundred and fifty feet
southsrly from the southerly line OF Com
stocks claims. now known as the Ophir
Silver Silver Mining Company's ground,
the premises o being known as
II KrSSEr AND WILTON GROUND.
Second-An undivided interest OF
wsnty-two-siItieths in all that portion
Of the Comstock Lode. 80 feet and o.
tenths Of q foot In extent lying directly
south Of the parcel OF ground last above
described. Third-1he undivided five
feet and o~ne-twentisth OF q foot in the
portion Of said Comstock Lode, 10 feet
and one-tenth Of o foot in extent, lying
directly south Of the last mentioned
portion Of said lode. said second and
third parcels being known as the Kinney
ground. Fourth-An undivided inter-
| est Of one hundred feet in the Res
dilute mine, situated in the Gold
| Hill Mining District. From the
complaint 1t appears that, being DESTROYS
Of selling two undivided feet Of the Kin
ney ground. the plaintiff applied to de-
PENDANT Heydenieldt. and in order to
facilitate the sale on the date first named
above, without consideration therefor,
decided the entire property to him In
trust to sell the two feet. Heydenieldt
sold the two feet to James O. Flood for
81, 200, accounting to plaintiff therefor.
II appears from the complaint that
Flood, who was n Of the Trustees OF
the Consolidated Virginia, ut q meeting
Of the Trustees shortly afterward, told
them Of the purchase and offered to
transfer the purchase to the company.
His offer being accepted, he directed
Heydsnfsldt to convey tho property to
the company. 1t appears that in max
ing the transfer Heydenfeldt, who was
one Of the Trustee Of the Consolidated
Virginia, made
TIE GREAT MISTAKE
OF transferring all OF the property
| decided to him In trust 10 the company.
| Upon the formation Of the California
Company by the managers Of Consol-
idated Virginia, tho Kinney K wslton
ground and the thirty feet or thereabsuts
Of ground adjoining the same on tho
south were conveyed TO the California
| Company. Plaintiff prays that a sub
pena issue to the Consolidated Virginia
Mining Company, the California Mining
Company and solomon Heydenfsldt to
appear and show cause why an order and
decree should not DO made as the Court
may see 1T; that It may be dscrsed that
plaintiff was, at the time OF the convey
ance to Heydsnfeldt; the owner OF the
property described; that the conveyance
to Heydenfeldt was made without con-
sideration and in trust for plaintiff; that
the sale to J.. @. Flood was = sale OF two
feet in the Kinney ground. and no more;
that the conveyance to Heydenfeldt OF
the Consolidated Virginia Company OF
all the interest OF plaintiff was by mis-.
take; that plaintiff is the owner OF oil
the remainder OF the property described;
that the Consolidated Virginia Company
made the purchase with a full knowledge
Of the foregoing facts; that the error be
reformed. that defendants DO directed to
unite in n conveyance returning the
property to plaintiff, and such other re-
lief rs the Court may direct. Plaintiff
says that the property is worth s9oo,ooo'
and that no discovered the facts consti-
tuting his cause Of action within the
past year.