Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08
IMPORTANT APEX
SUIT DECIDED BY
GOLDFlELD JUDGE
Round Mountain Case is of Extreme
Importance to Mining Industry Of
Southern Nevada.

claim, owned by the defendant,
Round Mountain Sphinx Mining
company, and also into the Black
Hawk claim, upon a portion of
which the defendant Davidson holds /
a lease hold interest and is operat-
ing the same.
The defendant, Round Mountain
Sphinx Mining company is in pos
session of the Gold Leaf claim, and
is engaged in working it extensive
~.
The claims owned by the plaintiff,
and for which it holds patent, arr
the Sunnysides Nos. 1, ? and 8, ard
the Sunnyside Fraction, in addition
to the Los Gazabo. The Sunny
side claims are contiguous, lying
side by side, and running in a
northwesterly and southeasterly di
rection. and located on the goth
day of February, 1906.
The Los Gazabo, with the eX-
ception of a very small corner of
the surface ground, was located
entirely within the exterior surface
boundaries of the Sunnyside claims,
running a little north of east, and
little south of west, and was To-
Gated on the 3rd Gay Of March,
1906, its discovery monuments, and
discovery work having been located
and done on the same vein or lode
as that of the Sunnyside discov-
cry location, the location monu-
ments of the latter claims being
located upon, and the original dis
covery shafts of the Sunnyside
claims being upon the same vein
or lode as that of the Los Gazabo
claim
The Gold Leaf claim lies east and
west, and the easter.y end of said
claim overlaps portion of the
, Sunnyside No. 1, and the Los Ga
zabo claims, and was located on
, the 9th day of March, 1906, sub
sequent to the location of the Sun
, nysides and Los Gazabo claims.
J The Black Hawk claim lies
northwesterly of Sunnyside No. 1,
the southeasterly end line abutting
on the westerly side line of the
| Sunnyside No. claim, the south
/ east corner overlapping the Gold
Leaf claim.
t The Gold Leaf claim filed no adj
! verse to the application for patent
: made by the plaintiff company, fol
l the Sunnyside and Los Gazabe
| claims and the patent for sale
S claims therefore includes SO much
: of the surface ground of the Cole
4 Leaf as conf1icted with the Sunny
: sides and Los Gazabo, and there i
e no controversy in this action re
4 specting the surface rights of thu
t respective parties, and the defendan
e Round Mountain Sphinx company
o having dismissed it's counter claim
f for damages alleged in its separate
h answer, the only issue to be de
e termined is as to the eXtralatera
Y rights acquired by the plaintiff b.
! it's patent to the Los Gazabo claim
a The evidence clearly shows tina
d the lode or vein, known as thu
e Los Gazabo, and which has it's ape,
e within the surface lines of tn
n Los Gazabo or Sunnyside claims, oil
v it's dip beneath the surface, ex
r tends toward and through the Col,
n Leaf and Black claims, and tina
/, the plaintiff in prosecuting the de
velopment on the Los GaZabo, ha
s entered into the Gold Leaf an
:, Black Hawk claims, and has ex
s tracted and removed large amour
: or ore therefrom.
n The evidence further shows tina
a the lode or vein, known as tn
= I AaWN AaAAhN ANANf - ~ NANHa fNs-t "
! the Sunnyside claims. and that 4
, prosecuting the development of sat
:, lode. the plaintiff has departed fror
II the westerly side line OF Sunnysid
K 40. /. which would constitute III
Il westerly endline OF the claim I
q determining the cxtralaieral right
:, Of the plaintiff, and u the Los Ga
. sabo location should be held In
valid the side lines of the sun
o nyside claims would become the en-
n lines. across which. as they ex1en
=. downward vertically. the plaintiff
- cannot follow the veia. and eoas
10 not eater upon or into the premise
!. In dispute. witch are shown TO \
- outside ei vertical planes draw
y downward through those ltnes.
" FtaEstaa NJ co, W. raEbes. ,
- 4. y. tea.