Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-09

his decision and opinion IN the case
of the Gold Hills Mining and Mill
ing company, a corporation, versus
the Indiana Nevada Mining COM
pany, a corporation. The case has
been under advisement several weeks
as a large number of references
were alluded to by counsel during
the hearing. The trial was a rath-
er complex one but the familiarity
of the court with mining matters
aided greatly in reaching conclu
sion.
According to the decision the Con-
sentative claim loses ninety feet
on the west side line; one hundred
and ten feet on the east line, eX
cepting a strip having an average
width of 12O feet and containing the
ore body in dispute, said strip re-
naming a part of the claim.
The Indiana No. | claim loses on
the west side line 800 feet, and
on the east side strip 100 feet
wide as far south as the Conserva-
tive claim extends.
The Indiana No claim loses its
whole area excepting a small block
of ground lying south of the Con-
sentative claim and west of the BIZ
metallic.
The decision has the effect of re-
moving the Indiana No. l claim
100 feet to the west of the loca-
ton as recorded when the suit was
instituted.
Following is the decision of the
court:
The above entitled action having
been tried by the court, when sit
ting without a jury, the decision
hereof is hereby rendered in writ
ing by the judge who tried thu
cause, and is ordered filed.
The said judge briefly states, il
his opinion. the facts found ant
conclusion of the law reached:
The facts found
First-That the Conservativ
claim is location senior to tn
Indiana No. l and the Indiana Nc
2 claims
Second-That the Indiana No.
claim, as originally located, la
about 100 feet west of Its presen
position as shown by its patent SUI
vey.
Third-That before the boundarie
of the Indiana No. 1 were define
by stone monuments, the sout
boundary of the Conservative ha
been defined by two stone mon,
ments, one at its southwest corne
about seventy-fve feet north I
its present southwest patel
post, and the other at point
II degrees Al minutes w, Isl fee
slope measurement, from post N
9 survey 3O49, X. K. No. l lode.
Fourth-That before the bou
daries of the Indiana No. 1 we
defined as shown by its patent su
vey, the boundaries of the Conse
vative had been defined by pos
set very nearly in the position t
posts of it's patent survey now {
cupy.
Fifth-That the Indiana No.
claim, in its present status, is
niorto the Consecutive claim
defined by its survey for amend
certificate.
Wherefore, as to the area in CT
fiict, the following conclusions
law have been reached:
A-The Indiana No. l claim
confined to it's original location.
width, except perhaps to the no
of the Starlight, is about 500 t
If it's discovery monument is in
istence at a point about eight
south of its discovery work I
capable of being Identified,
at right angles to the Starlight e
side line passing through said
covery monument and three h
dred feet easterly will determine
point on it's east side line, VIII
point will hereafter be referred
herein as point OK" through
point tx" line drawn parallel
the east side line of the Starli
claim and extended northerly to
junction with the south end
of the Conservative claim is
east side line of the Indiana No
and the point of intersection
line ga of survey 1901 Conserva
lode will be known as ID"
If the discovery monument of
Indiana No. claim is not in e.
ence at a point about eight