Walker Lake bulletin. (Hawthorne, Nev.) 1883-1926, 1890-03-05
TIE PAMLICO CASE.
Findings er Fact. Conclusions OF Law
ana recree of The Court

manu- iol last Eoek bCLLkfIN, which
contained an account OF the case of
the Pamlico vs.. Garrison j. Keay, as
well as the findings of fact, conclu-
sions of law and decree rendered by
Judge Rising. Htuce We reproduce
II this week:
FINDINGS OF FACT.
In the District Court of the State of Nevada,
in and for the County of Esmeraida.
THE PAMLIco MINING COMPANY, $
Corporation, flaintiir,
vs..
GEORGE j. GARRISON aud THEODORE
+. kEAY, Defendants
The above entitled cause was regularly
called for trial en the 1slh day of November,
1889. and jury of twelve men Was regularly
impan eled to try certain issues of fact To be
submitted to ii By the Court and on the 30th
day of November, A. ID. 1889, certain ones
tons oil fact were submitted by the Court, ia
writing, to the jury: and on the following day,
jury returned iate Court with the said qnes-
tons of fact submitted to Ii in writing. as
aforesaid. together with its answer to each Of
said questions, which said questions, and the
answer To each If said questions were in the
words and figures following. to wit:
In the District Cont Of the State of Seva-
da, in and for the county of Esmeralda. The
Pamlico Mining Company, Il corporation,
plaintiff, VS.. George j. Garrison and Theo-
dore +. Keay, defendants.
SPECIAL rssrEs SUBMITTED TO THE Jury.
1. Are the tops or apexes Of what are asslg-
mated on The model and es the maps and in
the testimony OF the witnesses In this case ~
the Pamlico vein and the Palnlico east and
west veins. within the surface lines drawn
Vertically downward Of the Pamlico location.
Answer-Yes. VIM WILSON. Foreman.
2. Did the vein designated as the Pamlico
vein and the Psmlico east and west veins 80
far depart from perpendicular in their
courses downward ~ to extend outside of
the northeasterly vertical side line OF the
Pamlico location, and into the land adjoIn-
ing. and beneath the surface thereof. between
veri cal planes drawn downward through the
end lines Of said location, continaod in their
own direction, so that such planes viii inter
sect such exterior parts of sand veins :
Answer-Yes VIM. WILSON, Foreman.
B. Can the said Pamlico vein or the said
Pamico east yoin be traced IN its course
downward from the upper edge of the said
vein into and through to the top OF the Eagle
incline.
Ans-No. WIN. WILSON, Foreman.
4. Did the defendants, prior 10 the GEM
mencement of this action, assert Il claim ad-
verse to plaintiff to some part or portion of
said Pamico vein or OF said Pamlico east
veins
Ans-Yes, 10. WIN. WILSON, Foreman.
Il tho Eagle incline sunk upon n vein
which is distinct and separate from the vein
shown in the Beleview Tunnel ana upraise
therefrom?
Ans--Yes. WIN. WILSON, Foreman.
If you should answer the last preceding
question in the Affirmative then state where
the apex OF such separate vein in the Belle
view apraise is--whethsr in tho Lakeview
ground OF at tho Badger Roles
Ans.-Lakeview ground.
Does the vein upon which the PaRlieo In
cline and Eagle incline is sunk cross tho
easterly side line of the Pamlics location, on
along its apex, and does it enter the Lake
view ground ON SUCH course or difec. ion, at u
point beyond ch side line
Ans.-No. WIN. WILSON, Foreman.
The Court having heard the proofs of the
parties, and having read the an
swers made by the jury to the questions pro-
pounded TO it, and having considered the
same, and the arguments of the attorneys for
The respective parties thereon, and the cause
having been, Submitted to the Court for its
decision, the Court now finds the following
facts, to-wi;
/. That the answers made by the jury to the
questions OF fact submitted 10 il are correct,
and The Court hereby adopts tie same a. It's
findings of fact upon those questions.
.. That The vein designated and referred to
as the Pa.nlicu east ycia aud the vein ex-
posed and followed in what is designsted
and known az the " Eagle INCLINE" are one
and the same vein.
That the said Pamiieo east vein 30 far
departs from II perpendicular In lie course
downward IA to extend outside of the rth-
easterls vertical side line OF the said Pamlico
mining location and into the land adjoining
and into the Lakeyiew mine or mining claim.
beneath the surface thereof between yestiral
planes drawn downward through the end
lines NJ salG pamli.o location, continued In
their own dircsiion SO that such planes win
interseet such exterior parts OF said vein;
and the said defendants al the time of The
conm enceiaent of ,his seton had asserted
aud were THEA. asserting ii ciaim adverse to
the piainllK t. all of snch outside parts of
said east y>in as lic within the surface bonn
day 'iues drawn vertically downward ot the
mining claim mentioned in the answer OF the
defendants. and designated hs the "Lakeyiew
mine"
g. The Court farther iinds that the plain
IiG was at the Zine OF the commcn cement OF
this action, nnd for long time prior thereto
the owner Of, III the possession Of and ept-