Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1914-10-16

ing claims of defendant, namely, the
Eureka and Curtis mining claims.
That plaintiff is, and for more than
three years last past, has been the
owner of said Fraction" vein or
lode, the top or apex of which is
found within the exterior boundaries
extended vertically downward of said
West End mining claim, throughout
its entire depth between planes, one
drawn vertically downward through
the easterly end line of said West
End mining claim and continued in
definitely in its own direction south
erly, and another, parallel thereto,
drawn vertically downward through
a point 500 feet west OF said easterly
end line, continued Indefinitely in its
own direction southerly.
THAT within the said Eureka and
Curtis mining claim said defendant
has sunk certain shaft. wines and
other mine workings, and by means
of crosscuts, drifts, wines, upraises
and slopes, has wilfully, has wrong
fully, unlawfully, fraudulently and
secretly and without the license,
knowledge or consent of plaintiff, and
continuously for the space of three
years last past, entered upon and
broken into said Fraction" vein or
lode, beneath the surface of said
Eureka and Curtis mining claims
and between said extra lateral planes
described heretofore, and broken
down, mined, extracted and removed
the ores from said Fraction vein or
lode between said extra lateral planes
and is now claiming the right, threat
ening TO mine, extract and remove
the ores from said Fraction vein or
lode between said extra planes, and
within the surface boundaries ex-
tended vertically downward Of said
Eureka and Curtis mining claims.
THAT within three years last past,
through its said mining operations
in and upon said Fraction vein or
lode, and between said extra lateral
planes, said defendant has broken
down, mined and extracted upwards
of 5000 tons of gold, silver and
other mineral bearing ores, then and
there as aforesaid, the property of
plaintiff and has wilfully, wrongfully
and maliciously, carried away and
converted the same to its own use
without the knowledge or consent
of the plaintiff That the said 5000
tons of gold. silver and other mineral
bearing ores so mined and extracted
and removed and converted as afore-
said. was and is, as plaintiff is in
formed and believes and so alleges,
of the value of $120,000"
The complaint then sets forth that
defendant threatens, unless restrain
ed by order to court, to continue
said trespass. Thereupon the com
plant asks for Judgment against
the defendant First of all, that
they may be enjoined from working
the Fraction" vein; that by final
judgment of the court defendant be
perpetually enjoined and that all en-
tries to the Fraction" lode bescloseC
at the expense of defendant; that
defendant have judgment for S120.00(
and that said Judgment be tropled
that plaintiff recover costs and that
plaintiff have Judgment for sucf
other and further relief against de
fendant as to the court may seen
Just and equitable
Accompanying the complaint arr
affidavits of b. F Edwards, vice
president of the West End Consoli
dated Mining company, and John w
| Chandler, superintendent, verifying
the allegations. A bond of $1,000
was furnished by plaintiff
! N&%@&SNNANNA@@N@NS