White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1914-06-28
Nevada United
Loses Sc Pleiades
VALUABLE MINING CLAIM IN
WARD DISTRICT Is AWARDED
TO HIxoN ESTATE IN DECISION
BY JUDGE COLEMAN. -

~
Although Ward has long since
passed out of view along the mineral
horizon as prolific producer of the
precious and baser metals. memories
of its pristine glory and vividly re-
called through decision handed
down last Wednesday by Judge Cole
man sustaining title of plaintiff to the
pleiades patented mine in the case
of Henry n. Byrne. as administrators
OF the estate of James W. Hixon
against the Nevada United Mines
company.
The contention OF adverse posses
son, which was advanced by the Ne
vada United Mines company in its
effort to retain control of the rich
treasure vault. was not sustained by
the court. Judge Coleman maintain
ed that acts relied upon TO establish
possession must always be as distinct
as character of land reasonably ad
mits OF, and must be exercised with
sufficient continuity to acquaint the
owner should he visit land with fact
that claim of ownership adverse to
his was being asserted.
Ii is contended In the decision that
the Nevada United was negligent in
his respect as not thing was done
on the surface by defendant COM
Dany that would tend TO show that II
was asserting a right TO the property.
The court holds that the under
ground work was not open, or not
arious and not the base of an ad-
verse claim.
Ii IL belief of Judge Coleman that
there was never continuous or un-
Interrupted possession of the claim
by defendant as contemplated by law
from August 1909 to October 1911
as was necessary to establish title.
When Ward was attracting the at
tention OF fortune seekers from all
parts OF the western country. the
Pleiades mine was patented by 7. J.
BELL. Alexander Mckenzie and Esau
T. Weaver After Bell had acquired
the interests OF his associates. he Or
gapized the Pleiades Gold and Silver
Mining company.
Enter now into the picture James
W. Hixon as an employee of the COM
pany. He became creditor of the
TO collect wages due. Bell testified
TO having received papers In action.
IL is impossible to make proof of
judgment as records were destroyed.
when the court house was burned at
Hamilton. The sneriff's deed was re
cordered November Is. 1850. and the
court declares that there Is no pre-
sumption that he was not the owner
of the ground at the time of his
death In 1898.
NJ. y. Garagaan was an important
witness for plaintiff. having testified
that he was In charge of the Martin
White holdings in 1891 and 1892.
and agent for the same company un-
I'll 1906. when the properties were
sold to the Nevada United Mines
company
He declared that as superintendent
he sampled the Pleiades fifteen or
sixteen years ago with view to
obtaining a lease. and that he did
not consider 1t the property of the
Martin White company. Mr.. Gar
aghan's testimony was an essential
feature OF the case as II was potent
factor in determining ownership of
the disputed territory,
Almost three years have elapsed
since John Hixon arrived from Ken
tucky to prove his brothers title to
the Pleiades mine. When the suit
was first called for trial. plaintiff was
non-suited As son as all encum-
brances to ownership have been re-
moved. development of the proven re-
sources will be- instituted under the
direction of Attorney CA. Eddy. who
represented Hixon at the trial of the
case.