Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-01-02
AND STILL ANOTHER.


HE Their sui Tor Damages.
Tho following suit was filed In the
Third District Court on Thursday
Afternoon.
The woOdsijo Mining Company.
plaintiff, W. Ezra Thompson, stuart
Stephenson, William A. Wilson,
Andrew Lundin, Robert GOrlinski,
Joseph Gorlihski, Ingoberg Olson,
Annie T.. Street, Charles n. Street,
Frank n. White, William O'Connuli
anu +. Joseph Lube1kin. Compliant
Plaintiff complains Of the defendant
and alleges:
That tue sald plaintiff now II, and at
all times AMI dates aud during the
dates hereinafter mentioned In this
complaint, was u corporation organized
under the laws Of the Territory of
Utah for the putnpse OF carrying On
general mining business, ani owniug,
buying and selling mining property.
That on tho Let day Of February,
1890, AMI at nil other dates hereinafter
mentioned, the enid plaintiff was aud
h the owner Of that certain mining
claim known aud described ~ the
TcnderiOot miniug claim, situate la
'AhNAN AAAAnlHE AAHAilNAF NNhNlllllN
County, Umh Territory, more pArticu-
larly described as lot No. .55 In the
series ~ numbered by tue surveyor.
general Of Utah Territory, anu bounded
rs follow;
Beginning at post No. 1: thence
south bs drg. 30 min. west lbjl ieet tn
post M. .; thence north - DIG. 10
min. west @11.2 feet a. post No. 3, from
which United States mineral mUuu-
meni No. bears north deg. "A min.
east at the distance NJ 6Bi.5 ieet; thence
from post NJ. 3 north u leg. 30 min.
east NJ the distance OF 5Oi.T ieet; thence
from post No, south - degrees
10 min. east 200 feet to place of begin.
ming.
That the said premises are patented.
aud for further hul mora particular
description thereof reference Is male to
the records u tho said survey Of the
said lot No. $50, Ia tue office Of tue
suryeyur'generai Of said Territory.
That contained within the bounda.
ries Of said mining claim IL the Gp.x or
tip Of a ledge, lode or vein OF ore OF
great value.
That the apex OF the said vein runs
nearly aud Substantially at right an.
giles across The said mlning olaln, at.
near and Iu-tnhOve the discovery point
thereof. That the apex OF the vein, ON
the course thereof, ~ apI ears upon tn.
surface, runs SUBSTANTIALLY ut right
angles over anu beyond tbs side lines
ui thr said claim; tnAt thereby the side
llnts become the emu Hines Of said
claim, and the end lines become the side
lines.
That the said vein dips In lts course
Las INN IA pas. "A ts.N.a
running In the course downward aud
lips substantially with the said mining
eiaim, anu crosses on the dip the
northerly end lice OF said mining
claim, 10 wit, that end line which ex.
tends from post No. . to post No. 3.
That tbs said vein OF ore In It's |
course downward Into the earth be. |
comes very rich anu valuable.
That the said defendants, on or about |
the said lst day Of February, 1890, |
hnd continually from that time until |
the date OF bringing OF this suit, have /
with force and arms trespassed, en-.
tered upon anu broken into the said |
vein OF ore, and that part thereof OK.
Tended beyond tho aald end line In Its
course downward intb the earth, and
between the said side lines, which
nave become end lines, extending I'm
their own direction. And that from
the said vein OF ore, thus extended be.
yond the surface line Of the plaintiffs
claim, the said defendants have, on
the said lst day OF February, and at
divers times since that date, extracted
large and valuable quantities OF ore.
Ana plaintiff alleges, upon informa.
ten and belief, that the said defenu.
ants have, during the said term, ex.
ttacted ore 10 the extent Of 200, O0D tons
of the average value OF s5n lfiny dol.
Iats) per ton, and that the value OF the
ore thus extracted by the said defend.
ants IL 100000, as plaintiff alleges up
on Information and belief.
That the said trespssses and enter.
Ing on thc said ore body, aud extrAc-
ton thclelroin, were against the con-
tcnt and without any authority or per.
mission from the said plaintiff.
That the sid defendants have dam
aged the property Of the said plaintiff
by the snid entering and extraction
OF ore TO the amount OF sl00,00O.
And by why Of a second and fur
ther cause Of action, and 10 procure the
auxiliary relief Of an Injunction, the
tniu plaintiff alleges that II IN tho
owner Of u certain mining claim,
PATENTED under the laws OF the
United slales, situated In the Ulntah
mining dis,flct. Summit county, Utah
Territory, known us the renderfoot
mining claim, and Designated In the
series OF numbers In the surveyor.
generaps ollice OF Utah Territory NJ lot
NO 200 Fora more particular Dies.
crlpti0n thereof, reference ia made In
the first count OF this complaint, and to
the records Of the office Of surveyor.
general.
That within the said claim there Ia n
Vein 81 ore having It's apex running
al righ Angles with the side lines OF