Walker Lake bulletin. (Hawthorne, Nev.) 1883-1926, 1890-03-05

Il That the plaintif never did claim or
ASSERT an estate or Interest in said Lskevirm
mine or the risht to cutter within the limi,s
OF said Lskeriew location for thu purpose of
OF mining therein or Tor the purpose of ex.
tracing ore froR the veins of gold bearing
rock IN place found within the limits OF the
SAID Lakcyiew location, aud having their
apexes within tho boundaries Of said last.
mentioned elaim
:. That the only right ever claimed BY
plaintiff in said LakerieM mining clsim ya-
the right 10 enter beneath the surface within
The surface boundary lines extended down
ward vertically ef the sand Lakeyiew mining
Gain, in following, aiming aud working
such VEINS, lodes or hedges as had their taps
or Spexes within the surface houndar, lines
OF The said PamlicO location. and which 80 lar
depart nom perpendicular IN theis coarse
downward as to extend outside OF the north.
sssierly vertical side line of the said Pamlico
mining claim and into the Lskeyiew mine or
mining claim between vertical planes drawn
DOWNWARD throngh the end lines Of said Pam.
hco location SO continued In theis own direc-
lion that such planes will iniorseet such ex.
terror parts of said veins, lodcs or lodges
(. That the claim asserted by the plsintifr.
and mentioned IN tbs above dading mum.
oered 7, WAS not false, or without right, and
Is not Invalid or preudioial to the defendants.
CONCLUSIONS oS Law.
As conclusions of law the Court nnds:
/. That the plsiatifi was at the time of the
commencement of this action, and for Il long
fine prior thereto, and ever since has been.
and now Is the ogGer of, in the possession of
and entitled TO the exclusive right of posses
Sion ane enjoyment OF all ot tke surface in.
eiuSed within tho surface boundary lines of
the SAID Pamhce mining location, A. de.
ssribed in the CON plant in this action. an d of
all veins, lodes OF lodges throughout their en-.
tire depth. the Top or apex Of which lies with.
III The said surface boundary lines extended
downward vertically, although such veins.
lodes or lodges may 30 far depart from a per.
pendicuar in their course downward As 10
extend outside of the vertical side lines of
said Pamlieo mining location and into the
land adjoining and into the said Lakeyiew
mining claim, provided that the right OF pos.
session to such outside parts Of such veins,
iodes, or lodges shall be conhn ed To snch Dor.
tions thereof Us lie between vertical plane.
draws downward ~ described through the
end lines OF SAID Pamlico location or MINING
claim, so continued in their own direction
that such planes will intsrsect such exterior
parts OF said veins, lodss or lodges.
J: That Ut the tlnae of the comm en- cement
OF this action and for long tims prior there.
TO. the plaintiff WAS, and ever since has been
and now Ia the owner Of the veins, lodes or
lodges designa tod on tAs maps in evidence In
this case, and referred to by the witnesses In
this action as the Painlico vein and the Pam
leo east aud west veins; that the said plain.
Till is untitled to tbs exclusive right to said
veins, lodes or lodges, and the exclusive
right to follow, work and mine the same.
throughout their entire depth, although such
veins, lodes or lodges do so far depart from
a perpendicular in their course downward
as to extend outside of the vertical side
lines OF the said Pumlico location and into
the land described in the defendants an
swer, and designated MS the Lskevew min
ing claim, provided that the right OF posses-
sion to such outside parts Of said veins,
lodes or lodges shall be confined to such
portions thereof as lie between vertical
planes drawn downward as aforesaid through
the end lines of said Pamlico mining loca-
ton or claim. SO continued in their own di-
rection that such piano will intersect such
exterior parts of said etni or lodges.
8. That the defendants aaye NO right, es-
tate or interest in or to said Pamlico loca-
ton or mining claim. or the said Pamlico
vein, or tho said Pamlico last or west vein,
lode or ledge. or any part thereof, or to any
vein, lode or ledge the top or apex of which
lies within the surface lines Of said Pamlico
location or mining claim drawn vertically
downward. Or any part thereof. that the
CHIN asserted by the defead lnts adverse to
the plaintir in or to The property above
mentioned aud described, Is grouHdless,
without right ana invalid, and that plain.
tits claim to all Of the property above de-
scribed is good aud valid, and that the
plaintiff is the owner thereof.
I. That The PLAINTIFFS entitled to y decree as
prayed for In the complaint in this acton
that the ssid plaintiff is entitled to have and |
to recover Of and from the said defendants its
costs.
5. That the defendants are entitled to the
exclusive right of possession aud enjoyment
of all Of the surface included within the Ines
of the Lakeview miuipg location and of all
veins, iodss or lodges throughout their eutire
depth, the top or apex OF which lies inside OF
such surface lines extended doya9ard yerti-