Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-03-25
ALBION VS.. RICHMOND.
TEXT OF THE SUPREME
COURT DECISION.
No. 1883
vose OF al, Appellants, w.
p,chmond Mining company o.
~ovada, Respondent.
nu,ov nv HAWLEY, III

w.s brought by appellants to de
termine tne rs
mining siooe Vas tried before the Court without
Ihe 4 Judgment was rendered IN favor o.
aJcndent. No mouon ~ 80 %a va
made. The appeal Is 'AA'" JUG
ment. .,u that upon facts found by
Appehanssa indoment should have been In
the Coui., Tbe following diagram shows
men .aistive positions on te ~, ..
George and victoris ss MncIe sam location
respondent no appellants rely. A diagram
Companies the decislon.i Gam, u.n.u
accoinp tbe findings Of the court IL appears
fI9 ~ mining ground in controversy Is stu
w .taa an Ruby Hill, in the Lurehs IN mihninnne DIE
atea . asbaf along and through the nil for .
tricti aiightly exceeding a mile, and extend
distance s,7 = ~westerly aud southeasterly direc.
Ing ~ zone of limestone IN Whlch AZ ulfter
toh, : throughout its length mineral II
ene - that underlying this zoheon the sontn.
CIV side is a well dehheo anara1 Az .nth,
cry ar,zite which has q genera aip 70 tht
Of 4ual' thst ON the northorly side Of this
nortness inestene ia q hanging Wall OF shale
zo1e .Sst this zone of Limestone Is q vein OF
iHaJe Of rock in place, bearing eoiu' SiiFef' ieao
and other valuable minerals. r.. oo...s
nc zone of limestone on the l4th day q
Iannayy1 A. ID. 1872, by H.. ID. Rose ana twe
9snu" Ts,snns that they included In said locs,
ZION 500 linear feet of said zone, wv linear iee'
bsg,ne been located for a discovery elain
naSt.N1 ,av recorded the notice OF location
tua' t - fine and marked the boun'
d aariss of the claim before the 81
oaine r.a located: that several years
nrioT 10 the location OF the Uncle sam SiulM
ia ZONE had been discovered ana a large
nnmber of mining claims lochteu upoh ~
poas knew OF the existence OF said locations
~ hat work was being prosecuted thereon
that AZ the time of the location OF the oncle
cam and for a long time prior ana suDselheh,
thereto. it had been the custom ana ussse "a
tbe larger portion of the miners upon tnI'
zone or lode TO include III ,nsir iooutl ~
bnndred feet for q discovery claim; thatit was
80 knoUn or believed ut the time OF the loeation
- me Uncle Sam that the belt or zone OF lime.
atone running through Ruby bill consttu.eu
mi one zone or lode: that the locstors OF the
Uncle Sam believed that there was no o,hei
einded within the surface boundaries OF their
~ierstion. that a mining claim called the
pbiiins was located on the 23d OF September,
A I. 1871, by Philips and others, upon tne
idsntical ground afterwards located Dy the
Iyncle sam. that the Philips claim ana loca'
~ sr.s ahandoned prior to the location OF the
iiucIe Sam. that Rose prior to the location OF
Inc Philips had discovered the ore within the
Iimits of the Uncle Sam location.
"ThAt Rose and his associates made the Uncle
sam location in good faith and in accordance
with the customs and usages Of the majority
~ ne miners In said mining district, and they
ana their grantees have ever since remained
In the actual possession of said Uncle sam To-
cation as located, TO the extent OF ANNUALLY
sinking a shaft thereon. maintaining and At
times occupying q cabin thereon, and ex.
cayatinq drifts and tunnels thereon W that
Rose and his co-Iocators did the amount OF
work required 10 hold said mining claim I'M
der The lava Of the United States, ana their
successors in interest continued 10 40 'ne
necessary work TO hold said claims after sue
ceeding 10 the interests OF Rose and ms CO.
I~ocstors M TO the time OF this trial = that none
Of said work was done within the surface lin
Of the st. George. but was done within the
surface lines Of the Uncle Sam location.
That the st. George claim was located on
the 10th day Of March, 1873, subsequent 70 the
location of the Uncle Sam that from anu
after the date Of the ~locstlon and discovery OF
the st. George mining claim and lode herein
= the Richmond Mining Company or
EeyadH has been actually I'm possession OF the
said lode as in the said patent describeh' ana
has been engaged in mining and extracting the
precious metals therefrom. and IN
sinking wines and running drifts, tunnels
and levels At a great depth below the surface
OF the earth. and none of the excavations made
by either party came In conflict with any OF
those made by the other"
That respondent. on the lat day OF August,
ANAtH AARAt ha AAthAH
United states Land Office at Eureka FOR a
patent 10 the st. George mining claim that
on the 10th day Of September, 1873, and within
fhe period allowed by law for publication OF
notice Rose and his associates filed a pro
test in paid Laud once, which showed the
boundaries and extent Of their claim. against
Said application that IN the 2ist day OF DC
Iober, 1873. they filed the complaint in this
SETON In the ONCE Of tho CLERK OF the District
youFt Of Eureka County; that at that time
fhHk dtA not nuw thn 1lo So a..fra Inv
ne statute OF this State "a Comp. L.. 27e6l;
mat the doekst fee was advanced and paid by
me Clerk TO the County Treasurer in his regu-
ar monthly settlement, on the Sd day OF No
'emoer that respondent regularly appeared
n said action and filed a demurrer and an
lwer that II did not at any time move TO dis
That after said cause was at issue 1t was
eguiariy placed upon the calendar for trial
hst thereafter II remained on the calendar
'htil the March term, 1874. but was not tried
or the reason that negotiations were pending
OF q settlement of the matters in controversy;
az me March term. 1874, the cause was
upon motion OF counsel for re.
and thereafter the cause was not
placed upon the caiendar nor anv proceedings
iad until the March term, 1880; that negotia-
,ons Ior a settlement were still pending. and
tose and bis associates were led to believe,
rom representations made to them by the
.nsersa nd agents OF the Richmond Mining
company, that IL would abandon ali claim
. that portion of the Uncle Sam west of
ne west end line of the TIN Top claim,
: that " would purchase the Uncle Sam
ann, and II was owing to these facts that the
toseoution o. the suit WAS delayed; that In
inontn OF september, A. D. 1875, the Rich
iona Mining Company made application to
Land once at Eureka for Anal entry and
aynent Tor the st. George claim and pre-.
'n.ed = certineste OF the CLERK Of the District
ourt 70 the eneet that this action had not
zen placed upon the calendar, nor had any
been had therein after the March
rm, 1914; that the Off eers of the land de-
upon this certificate, decided that
rs action had not been prosecuted with due
.ligenee, and, for this reason, that the Rich
ono company was entitled to patent; that
lese proceedings were had without notice TO
Iaintiffs, and at Q time when they and their
torneys believed from the representations
ade by the officers and agents of the Rich
ond Company, as before stated. that a set
ement would be agreed upon, and that there
as no necessity for q trial; that the ruling
the officers of the Land ONCE at Eureka was
pproved by the Commissioner of the General
anu ofiee at Washington, d. c., that plant
were notified of his decision and informed
.ney would have sixty days within which
: appeal from the decision to the Secretary Of
ns interior; that they did not take any steps
Y .ue matter and did not appeal from the de-
sion that thereafter, on the 7th day of May,
w 'ho government or the unlted states is
isa : patent to the st. George claim and o 4
respondent.
That on The soth day Of April. 1874. the Gov
,nassnt OF the United States issued to respond
patent to the Tip Top claim and lode.
NAT on the 18th day of October, 1878, the
,,spondsnt made an application for a patent
sne victoria claim, which had been located
to the location of the Uncle Sam,
nj procured a patent therefor from the
, a'ed states on the 25th day Of February. |
mat no protest was nled against said
by the owners OF the Uncle Sam
y, a9st the Tip Top. st. George, Victoria and
I. sncle sam claims are each upon the sam
ahst at the time OF the trial of this action |
"a aaoion Consolidated Mining Company was
!. owher OF the Uncle Sam claim, and this &C.
) u, - prosecuted for Its benefit by the consent
a = snat portion OF the mining ground within
a Units OF the Uucle Sam location on the
sserly side Of the line "A""C" in the dia-
q ~ oeiongs to the respondent by virtue OF
= Top location and patent.
ets nave been thu particular In stating the |
~ ~ order that some Of the questions
~ we VIII have occasion to discuss NAV
hofo clearly comprehended.
l1o real cOntrnvaeav macs .hs - 4