Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1881-08-04

THE Grant county Herald notices
the decision of the Ross-Henry and
Heathcock minirg suit as follows
Gan important mining case from
Iowa county has just been decided
in the supreme court, involving over
100000. 1t concerns the posses.
sion of the famous Ross & Henry
mine near Linden, which has been
in litigation for some years.
There were two appeals. The
judgment rendered by Judge Goth
rem was, that they had right to fol-
low this range onto the forty owned,
by the Heathcocks upon paying rent.
Both parties appealed from that
Judgment. The Heathcocks appeal.
ed from the judgment entire, alleg-
ing that they had owned the forty
and Ross & Henry had no right to
follow the range upon it under any
circumstances. Ross & Henry,
plaintiffs, appealed from that part
of the judgment that required them
to pay rent, because, as they alleged,
they had bought the range freed
from liability to pay any mineral
rent. The case was argued and de-
cided in supreme court upon the APP
peal of the Heathcocks from that
judgment, judgment reversed and
the case remanded to the circuit
court with directions to dismiss the
complaint of Ross & Henry; finding
that the Heathcocks were the abso-
lutte owners of that forty of land,
and that Ross q Henry had no right
whatever, by payment of rent or
otherwise, to follow the range on to
it, and the appeal of Ross & Henry
was dismissed.
Pending this litigation within the
last four years, both parties have
been enjoined from working, at a
net loss, (if the mine is as product
i've now as it has been,) of $4,000 a
year; and it was estimated by Ross,
and his testimony was taken as true,
that during the last three years that
Ross Il Henry worked the range
they had taken out 100000 worth
of zinc ore, and after paying all ex-
penses their net profit was $4,000
year; and the mine when the litiga-
ton began was as rich as it ever
was. 1t is estimated to be worth
5000 for every six feet that is follow
ed, or 500 foot lineal measure,
and from present indications it will
run thus through the entire forty.
The forty is therefore worth on this
estimate at least 100000.
We take pleasure in mentioning
also, in this connection, that the sue
cessful parties in the final decision
of the case was represented by Bar
Der Il Clementson, Wilson IL Nell
hon, and John w. Taylor, of Lin
den, who has been identified promi-
nently with the case from its COM
mencement. To their able and care
full management of the case is due
the good fortune of the Heathcocks
in having this valuable property re-
turned to their ownership.
Mr.. Clementson proved himself in
this as in many other important cases
u lawyer of fine ability and in whom
high interests may be trusted safely.
He argued the ease before the SUI
preme court in the mastery and
thorough manner characteristic of
the man, and being a principal
attorney fer the defendants, they
are indebted to him for large
share Of the victory. That victory is
all the more noteworthy when it is
stated that arrayed against them on
the side of the plaintiffs were the
combined firms of Henry 81 Smith,
Lanyon q Spensley, Moses Nj. Strong,
all of Mineral Point, and Orion a.
Osborne, of Darlington"