Walker Lake bulletin. (Hawthorne, Nev.) 1883-1926, 1890-02-26

of said Laksview location for the purpose Of
Of mining therein, or for the purpose of sx-
tracting ore from the veins Of gold bearing
rock in place found within the limits OF the
said Lakevlew location, and having tn cir
apexes within tho boundaries OF said last
mentioned claim.
Z. That the only right ever claimed by
plaintiff in said Lakeview mining claim was
the right to enter beneath the surface within
che surface boundary lines extended down
ward vertically of the said Lakeview mining
claim, in following, mining and working
such VEINS, lodes or lodges rs had their tops
or apexes within the surface boundary lines
of tho said Pamlico location, and which 70 far
depart from perpendicular IN their course
downward a. to extend outside of the north.
easterly vertical side line of tho said Pamlico
mining claim and into the Lakcvlew mine or
mining claim between vertical planes drawn
downward through the end lines of said Pam.
leo location so continued In their own diree-
tion that such planes will intsrsect such ex.
terror parts Of said veins, lodes or lodges.
8. That the claim asserted by the plaintiff,
and mentioned In tho above finding mum.
bered Z, was not false, or without right, and
ia not invalid or prejudicisl to tho defendants.
CONCLUSIONS OF LAW.
As csuclusions Of law the Court nnds,
I. That the plaintiK was at tho time Of the
commencement Of this action, and for long
time prior thereto, and ever since has been.
and now Is the owner Of, in the possession Of
and entitled to the exclusive right Of posses.
sion and enjoyment of all Of tho surface in
cluded within the surface boundary lines Of
the SAID Pamlico mining location, ~ do.
scrfbed In the con. plant in this action, and Of
all veins, iodcs or lodges throughout their en-.
tire depth, the top or tpex Of which lies with
In the said surface boundary lines extended
downward vertically, although such veins,
lodes or lodges may SO far depart from per-
pendtcular In their course downward Is to
extend outside of the vertical side lines Of
said Pamlico mining location aud into tho
land adjoining and into the said Lakevisw
mining claim. provided that tho right Of pcs.
session to such outside parts Of such veins,
iodes, or leagos shall be confined to such Dor
lions thereof as lie between vertical planes
end lines Of ssid Psmlico location or mining
claim, 30 continued in their own direction
that such planes will iAtsrsect such oxtsrisr
parts Of said veins, lodes or lodges.
.. That at the time 0f the commencement
Of this action and for a long time prier there.
to, the plaintiff was, and ever aimee has been
and now is the owner Of the veins, lsdss or
lodges designated on the maps in evidence in
this case, and referred to by the witnesses In
this action as the Pamlieo vein and the Pam.
lico east and west veins; that the said plain.
tiff is entitled to the exclusive right to said
veins, lodcs or lodges, and tho exclusive
right 70 follow, work and mine the same
throughout their entire depth, although such
veins, lodes or lodges do 30 far depart II ON
a perpendicular in their course downward
as to extend outside of the vertical side
the land described in the defendants an.
swcr, and designated as the Lakeview min
ing claim, provided that the right Of posses
sion to such outside parts of said veins
lodss or lodges shall bs confined to sucf
portions thereof as lie between vertica
planes drawn downward as aforesaid through
the end lines of said Pamlico mining loca
ton or claim, 20 continued In their own d.
rection that such planes will intersect such
exterior parts Of said veins or ledgos.
:. That tho defendants have no right, ss-
tate or interest In or to said Pamlico loca-
ton or mining claim, or the said Famlics
vcin, or the said Pamlico cast or west vein,
lsde 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 Pamlieo
location or mining claim drawn vertically
downward, or any part thereof; that the
claim asserted by the defendants adverse to
the plaintiff in or to the property above
mentioned and described, 10 grouudless,
without right and invalid, and that plain.
tics claim to all OF the property above de-
scribed is good and valid, AMI -taat the
plaintiff il the owner thereof.
4. That the plaintiffs entitled to decree %
prayed for In tho complaint in this action |;
that the said plaintiff is entitled to have and
to recover Of and from the said defendsnts its
costa.
s. That the defendants are entitled to the
exclusive right Of possession and enjoyment
of all OF the surface included within the | ines
OF the Lakeyisw mining location and Of all
veins, tsdes or lodges throughout their sutire
depth. the topo apex of which lies inside Of
such surface liaes extended downward verti.
rally, although such veias, lodes or lodges
may SO far depart from perpendicular in
their sopase downward as to extend outsids
Of the vertissl aide lines Of said surface 10.
,ation and into the land adjoining, provided
that the right Of possession to such outside
portions Of sach veins, lodes or lodges shall
be confined TO such portions thereof rs lie be-
tween vertical panes drawn downward az
Aforesaid, through tho end lines of said loca.
tion or claim - continued IN kAsir own direc.
ton that such planes will iptssssst such exts-
Nor parts Of said veins, lodss or hedges.
q. That the defendants are tAs oxuors Of
the vein, lode or ledge mentioned In the sixth
finding Of the jury in this case, that 10 to say,
snch part thereof as may top or apex within
the surfacc boun iarv iuea dra YIN x,srtic n IL