Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08

mining industry and particularly of
Round Mountain, was rendered yes .
terday by Judge Stevens at Gold
field in the case of the Round
Mountain Mining company versus
Round Mountain Sphinx company
and John F. Davidson. The Round
Mountain Mining company sued to
quiet title to a large and immense
ly valuable body of ore lying with
in the lines of the Black Hawk
claim, held by defendant Davidson
under a lease and also to ores ly-
ing within the Gold Leaf claim,
owned by the Sphinx company. The
plaintiff claiming ownership of those
ores on the ground the same be-
longed to vein which apexed !
within the lines Of the Los Gazabo |
claim, which was owned by plain
tiff. 1t appears, however, that the
vein was located on February 20,
1906, under three locations known
lHG oldC NJ. IL anu u,
but the locators of the Sunnysides
inadvertently located cross-wise of
the vein, which dipped into the
Black Hawk and Gold leaf claims.
This would cut off extralateral
right, and to correct this, the Los
Gazabo was located on top of the
Sunnysides on March 3, 1906, and
the Los Gazabo was located paral-
lei on the vein, and the discovery
for the Los Gazabo was made with
in the subsisting senior Sunnyside
claims.
The locators of the claims sold
out to the Round Mountain Mining
company several years ago and in
July, 1908, the company applied
for a patent on the Sunnysides and
the Los Gazabo. The Los GaZabo
was, save for a small corner, locat-
ed wholly within the lines of the
senior Sunnysides. After patent,
the plaintiff company sought to
claim extralateral rights into the
ground held by the defendants by
virtue of the Los Gazabo location.
The defendants denied the validity
of the Los Gazabo on the ground
that its discovery was made within
the exterior lines of the senior Sum
nysides and denied that the patent
was of any validity for the reason
that by the location of the Sunny
sides, the government had parted
with it's title to the ground and
that the patent so far as the Los
Gazabo was concerned, was an at
tempt to grant something which
had previously been granted Add
ed interest to the decision of Judge
Stevens, is the fact that Davidson
has a suit pending in the district
court of Nye county against the
Round Mountain Mining company to
recover 100000 as the value OF
ores taken from the premises which
Judge Stevens has now decided the
Round Mountain Mining company
has no title to. Davidson applie1
for and obtained an injunction 10
the Nye county suit, and has tied
up $4,000 in bullion and a large
amount of valuable high grade ore
is also held pending the suit in
this county. The Sphinx company
are about to commence suit fol
ores taken by the Round Mountain
company from the Gold Leaf claim
the value being about $4,000.
The decision of Judge Stevens
clears the way for the Davidso.
suit in Nye county. and leave.
nothing to be tried save the ques
ton of the value OF the ores take,
by trespass of the Round Mountaie
company from the Davidson lease
In the trial at Goidneld. Messr
Mcintosh and Cook OF Tonopah ap
peared for the defendant. John =
Davidson. Dctch and Carney 81
Goldneld represented the Sphln,
company aud II. g. withers y
Goldleld was the attorney for tbs
Round Mountain Mining COMPANY
owing h the fun text Of Judy
ss.sea@' decision:
rhiA h an action 10 quiet title z
the Los Gazabo lode In the Jeaersol
mining district. Nye county. Nevada
10 which the plalasin Asserts ,isl
By virtue Of = patent from IN
United states. issued July seth
1898. and BY virtue Of Which th
plaiatia claims the rixht 10 toilo'
ex,ralatsFally the I.oa Ganaeo vein .
lode. tbs apsx u watch oassFop
witAia the exterior surface bound
aries 81 the Lea uanaeo. an
~hlca 90 lss aowaNaFd eouEse q
- fr.ea ~. afti.i Wuaa of In