The Goldfield news and weekly tribune. [volume] (Goldfield, Nev.) 1911-1947, 1915-06-05
DEED IN APEX
SUIT RECORDED
BETWEEN BOOTH AND
JUMBO EX.

With internal revenue stamps
to the value of 1915 attached, a deed
conveying from the Reorganized
Booth Mining company of Goldfeld
to the Jumbo Extension Mining COM
pany TIE right to mine within the
vertical boundaries of the property
of the latter all ores of veins apex
ing in the territory of the Booth, was
placed on record this morning in the
office of the county recorder. The
filing of the deed was the final detail
of the settlement of the apex suit
brought by the Booth against the
Jumbo Extension.
1t is the first deed in settlement
of an apex suit filed in this county.
Only two other like issues have been
raised in the Goldfeld district, both
of which were settled out of court.
The Combination apex rights were
acquired by the Goldfield CONSOLIDATE,
ed Mines company when that mine
was purchased by the latter. Suisse
quently extra-lateral rights
claimed by the Goldfield Consolidat-
ed Mines company over the Vinegar
one fraction of the Jumbo Extension.
The suit was settled by the Consol-
idated company purchasing the
ground and the money turned over
to the Jumbo Extension was used to
paw the first dividend declared by
that company several years ago.
The Booth deed just recorded
contains approximately 5000 words.
The contents are highly interesting
as they are the last word in the ad-
justment of apex litigation. Instead
of granting extra-lateral rights, as
has been the custom in all cases In
the past, a new form was devised by
the attorneys of the two companies.
The document. in part, follows:
For and in consideration of the
sum of $4,000 gold coin and other
valuable considerations the Reor-
ganized Booth Mining company coI,-
veys to the Jumbo Extension Mining
company, it's successors and assigns
forever, all right, title, interest and
estate of the said party of the first
part in and to the following describ-
ed real estate of the said party OF
the first part, mining ground, lodes.
veins, lodges and deposits situate in
the county of Esmeralda, state OF
Nevada, and bounded and described
as follows, to-wit:
All parts and portions of every
and all veins or lodes, found be-
meath the surface and within the
exterior boundaries extended down,
ward vertically of the Velvet min
ing claim M. S. No. 3843 owned by
the party of the second part. which
claim is described as follows:
Then follows a description by
metes and bounds, according to the
surveyed lines of the Velvet claim
The deed continues: Also every part
and portion of any and all veins or
lodes found beneath the surface;
that is to say, within the exterior
boundaries extended downward YER
tically of the P%oleverda mining claim
M. S. No. 1926 owned by the Jumbo
Extension Mining company, which is
described as follows:
Also every part and portion OF
any and all veins or lodes found be-
meath the surface; that is to say,
within the exterior boundaries ex-
tended downward vertically of the
Dick Bland fraction lode mining
claim M. S. No. 1926 owned by the
Jumbo Extension Mining company
which is described as follows:
1t is, however, distinctly under
stood and agreed. convenanted and
made a condition of this granting
conveyance that nothing contained
herein. or in any of the descriptions
hereinbefore set forth of the prop,
erty conveyed shall in any way or
manner whatsoever be held or deem
ed to impair any right which the
said Booth Mining company, the
party of the first part, may have to
follow extr~alaterally any vein or
lode. the top of apex of which is
found within the surface boundaries
extended downward vertically of said
Booth mining claim hereinbefore de-
scribed. beyond and southeasterly of
the said Poloverda, Velvet and Dick
Bland fraction lode mining claims.
or n of them. and said right o.
said party of the first party to fol-
low and pursue eXtralaterally any
such vein or lode beyond and
s~outheasterly of said last mentioned
mining claims is not conveyed or
granted or intended to be conveyed
or granted by this deed, but he
same is hereby expressly reserved
to said party of the first part. X x X
The agreement subscribed to b.
George Wingfield. president, and A.
II. Howe, secretary and treasurer, at
tached to the deed follows:
The Jumbo Extension Mining