Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-02-18
THE ELKo MINING SUIT.
The Points Involved and Settled IN
the Case

| ING hOH1tS htDsNC0 u
the Case.
Saturday General Clarke, of Carson, and
M. $. Bonniield, of Winnemuccs. returned
70 the latter town from Elko, whore they
we're counsel for plaintiff in the Nevada May
Queen mining suit. As the causes of the
suit and the points settled by the verdict
are Of interest to miners, a Silver State
reporter procured the following informa.
tion on the subject from one OF the law
yers:
October 90, 1882, Z. NJ. Lafferty located
for himself and Phil Sullivan the Nevada
mining claim, in Tuscarora. In 1883 LAT
ferty worked the assessments on the claim
required by the Act of Congress, and Sui
Ivan worked eight days, making about
one-half the expenditure on his interest re-
quired by law and refused to do more. In
1884 Lafferty made thefull expenditure re-
CURED by law, and in May OF that year
Sullivan, Carr and Parsons located the May
Queen, which Tapped some 500 feet on the
southern end of the Nevada. January Is.
1885. Lsffer.y notified Sullivan, as required
by the mining law, in the Times-Review
newspaper, that he had worked assessments
on the Nevada for she year 1884. In
March, 1885, Sullivan published a card in
the Times-Review, stating that he did not
work assessments on the Nevada, because
soon after locating the claim he ascertained
shat the ground was not subject to loca-
ton. Ten days later q rich strike was re-
ported In the North Belle Isle. near the
southern boundary of the Nevada, and the
l~ocators of the May Queen sunk q shaft in
side the west side line of the Nevada, TO
strike the lead found in the North Belle
Isle, and at o depth of sc feet they found
rich ore. July 8, 1885, Sullivan proposed
to pay Lafferty his proportion of the
mount expended for assessment work on
the Nevada, telling him the money was at
the Postoffice. Lafferty said it could stay
there so far as he was concerned, and Sui
livan did not tender the amount. Then
Sullivan and three others, his grantees,
brought suit against Lafferty to recover
one.half the Nevada mine. About this
time Price, Superintendent OF the Navajo,
Triton, q capitalist, and Peltier, q mer-
chant, became Interested in the May Queen
by purchase, and bought up accounts
against Lafferty and attached his mine, the
Nevada, and advertised it for sale. Before
the day of sale, DR.. Drake advanced $500
20 Laferty, with which he paid the jndg-
ment, and released his mine. The May
Queen claimants incorporated, to avoid liza
bilities for costs and damages in any suit
that might be brought against them by
Lafferty. Last October, Lafferty brought
suit against the May Queen corporation,
its l~ocators and ~lessees, in ejectment, to re-
cover possession Of the mine. and for $780,
900 damages, and DR.. Drake, II. W.
Duourn aad Z nfxnn ~ Trrcnarnra ona.
ing the the aggressive methods of the May
Queen Company against Lafferty, advanced
him the necessary costs OF suit. The trial,
which occupied the District Court at Elko
some Is days. was closed last Friday even
ing with a verdict for Lafferty for recovery
Of possession of the Nevada ground, S12,-
900 damages, and 50, 500 costs Of suit. The
points decided in the case were:
First-That if q co-owner abandons his
interest In a mine, his ~co-tenants can ap-
propriate the same to their own use, and
that when he once sbsndons his claim he
cannot resume possession Of the same with
out the consent OF his co~-tenants.
Second-That where n co-tenant sd-
v~ertises another for failure TO contribute
his proportion OF the annual expenditure
required by law, tho delinquent forfeits bis
interest unless he pays or tenders the
money to his %co-tenant.
Third-That if q locator Of q mine fails
TO perform the necessary work in any year,
but resumes work in good faith the sue.
ceeding year, before the rights OF others at
tach to the claim by location, his rights are
reserved, and a subsequent location is null
and void; and last, though not least, that
the Court and jury could not be bulldosed
nor corrupted.