Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1914-07-07

that at the time the action was CON-
menced that it was mining, or ex-
tracing ore from said ledge or vein
having it apex within surface bound
aries extending downward vertically.
Taking up the seventh paragraph
of the complaint, defendant denies
that within year or any other time
defendent has extracted, mined,
taken out or carried away or con-
verted to its own use $4,000 tons or
any other amount whatsoever which
were the property of the plaintiff OF
the value of $500,0O0 or any value
whatever. The answer admits carry
ing on mining operations within ex-
ternal lines of the Eureka and Cur
tbs claims and, in that belief a.ieges
that said mining operations have
been conducted entirely upon said
lode or mining claim having its top
or apex within exterior boundaries
extended downward vertically Of said
West End and that, in said operation
It has mined and extracted from said
lode or vein beneath the surface of
said Eureka and Curtis mining claims
not to exceed 23,341 tons of ere, the
aggregate net value of which did not
exceed $204,300, which amount and
value comprise all the ores extracted
by said defendant from the premises
in controversy which could be miiled
or treated at a profit.
Ii is admitted that at the time Of
the commencement OF this action the
plaintiff was actually engaged In min
ing, but alleges that all said work
was confined to and did not get be-
yond that portion Of said lode within
the exterior boundaries. The answer
denies that plaintiff ever claimed or
threatened TO, that unless restrained
by order of court would have tres
passed upon either side of its mining
claim within exterior boundaries.
Defendant denies that it ever threat
ened to injure or waste either of sad
claims
Further defendant sets forth that
It is now and has been for thirteen
years owner OF the West End claim
and of all lodes or veins throughout
their depth of rock in plave bearing,
| gold, silver and other metal values.
the tops or apices which are found
within the exterior boundaries ex-
tending downward vertically Of said
West End claim and that the govern
ment, by patent issued July 2lst,
1904. granted and conveyed claim to
defendant. The answer goes on 10
state there is a vein or lode of rock
bearing gold. silver and other valu-
able metals which at its top or apex
on its course. or strike crosses the
easterly end line of said West End
for distance of 1.175 feet that said
vein dips in a southerly direction
and in its course downward SO far
departs from the perpendicular as to
extend outside and beyond a vertical
plane drawn downward through the
southerly side line and continues on
its downward course under and be-
meath the surface of said mining
claims of plaintiff, the Eureka and
Curtis. The answer then goes on to
relate that possession OF this ledge
is held by right Of the apex on the
! West End claim.
In closing defendant further de-
clares that all of the ore mined
within the surface boundaries were
mined from a lode no part or top or
apex of which was, or Is. to be found
within the surface boundaries OF the
Eureka and Curtis claims extended
downward vertically and that for
long time the defendant has been
and now is In possession Of that por-
tion of said lode or vein so situate
within the surface boundaries ex.
tending downward vertically OF said