Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1879-05-23

From the Tribune.

equity case of .Jno. J. Ross and VIM.
y. Henry against John Heathcock,
Sir, VIM. Heathcocx, and their sons
and sons.in-law. This suit was
commenced in October; 1877, and
involves the right Of Ross e Henry
TO follow the "Heathcock Range"
or "Linden Nine" through certain
forty-acre tract Of land, owned by
the said Heathcocks, which is not
included by its numbers in the lease,
contracts or deeds made by said
Heathcocks and one Michael Poad,
for said mine, and under which the
said Ross u Henry claim tho right
to work through said forty acres, up
to the line of which they have dis
tinctly traced their mine. 1t APP
pears from the testimony that at the
time of making said lease, contracts
and deeds, no one of tho parties in
tcrested had any thought or idea
that said mine would ever run into
tho disputed forty acres, but by
making n most unusual aud sharp
turn from Southoastcrly to about
West, the mine has actually run into
n forty acres owned by the Heath
cocks at the time they leased aud
sold the mine, and now owned by
them, but which was not by its
numbers, mentioned in the said euse,
contracts or deeds. Tho value Of
tho property involved is large and
OF much importance to tho parties
Interested, and OF interest to the cit
liens of our mining country, as in
volving rights OF miners, both in the
law, and in tho usages and customs
Of miners.
Messrs. Barber aud CIcminson,
j. w. Taylor, and Wilson ~ McIIhon
conducted the case on the part of
thu lleathcochs, and the Hons Mos
es M. Strong, Philo A. Orion, Lam
yon " Sponsloy, and Henry " Smith
appeared on the part of Ross ~ Hen
ny. -Four dispositions were read and
ten witnesses examined on the part
Of Ross q Henry, and nineteen wit
nesses on the part of the Messrs.
lIeathcocl1. The court submitted
the following questions to tho jury
to be answered by them eyes" or
"No."
First For tho sum of $4,000 or
for any other sum OF money, or It's
claimed to have been
paid by John Braclken and Francis
or their assigns, to John
lleathcock, VIM. Heathcocl, and
Pond, did they sellto Bracls-
on and Vivian or their assigns ms
distinct property interest, separate
from their ownership Of tho land,
and separate from tho mineral rent
to be paid to them rs owners Of the
land, the right to work the Heath
cock range, OF mine To the full extent
that tho seller had the right to pur-
sue and work Tho Same at tho time
of sale.
Seeond--For the sum of $4,000
paid to VIM. and John Heathcock
by Gcn'l Robert Patterson, did the
VIM. and John Heath
cock, intend to sell their reserved
rent interest in the mineral raised
from tho ground that might extend
beyond tho limits of tho land de-
scribed in their deed of December
18th, 1859.
If tho jury answer the first ques-
ton by saying Yes they will an
swer the following question:
Third--lf the owner of discovery
right, n right toworlk amine or range
of mineral, SELLS his working right for
n valuable consideration to the en-
trio range as lar rs the seller has the
right to pursue and work tho range
or mine, agroeably to the custom of
miners in this section of country, in
force at the time Of sale, say in 1853
or lS5l, can tho seller under any
protoNt SGT up valid claim to work
any portion of the range by him
sold against the will of the purchaser
or his assigns their working right,
acquired by the purchase not having
bann f,rfnitnl