Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1915-05-27

FlnulHbb WcIe Sclileu Dy JuuBt
.Averill last evening in the fifth judi
cial district court in the case of the
Jim Butler Tonopah Mining company
corporation, plaintiff, VS.. West End
Consolidated Mining company, cor
poration. defendant Findings of fact
and conclusions of law. both general
and special. were presented TO the
court by counsel for either side and
argument was thorough In the end
the court accepted the following find
ings, after rejecting some and remod
cling others. The court will enter
Judgment In five days in favor of the
defendant.
Plaintiff gave notice that in ten
days II would move for new trial,
preliminary 20 carrying the case to
higher court, in case It is not tried
agaln here. A gentlemens agreement
vas entered into between counsel that
defendant would not enter plaintiffs
ground, to remove ore from the vein
awarded It, or for any other purpose
until the expiration of ten days, which
will obviate the necessity of giving
new bond by the plaintiff when the
present bond automatically expires
upon the signing OF the Judgment.
The demurrer Of plaintiff to the an.
swer of defendant in the case be-
tween these companies, involving
title to ore to the value of SIPS, 900,
which was extracted from the Frac-
ton vein. was TO have come up at this
sitting OF the court. but ON motion OF
the Jim Butler II was put over until
the time OF hearing the motion for the
new trial. In the event that the case
then comes on for trial II will prob
ably be called for June 30, that being
the first open date on Judge Ayerill's
calendar and the last also before the
bar vacation. The date was tentative
ly reserved.
The proceedings last evening were
of intense interest. one of the chief
points argued being the difference be
tween actual and legal possession, as
well as the distinction between pos.
session and occupancy which arose
from the claim by the plaintiff that in
cutting through to the West End
workings II gained a tenancy on one
OF the anticlinal limbs of the vein in
dispute. While the argument grew
heated at times. II was without per
sonality or acidity.
The preliminary TO the findings ap-
proved by Judge Averill. after amen.
dations and elisions. was the stipula-
tion, which covered a number OF type
written pages. Following are the find.
ings Of fact and conclusions Of law
together with the final judgment
which, however, has not yet received
the signature Of the court:
Findings Of Fact
That the plaintiff, Jim Butler Tono
pah Mining Company, at all of the
times mentioned in the complaint and
the amended complaint herein. was
and is now. the owner and in posses
sion OF, and entitled TO the possession
OF those certain patented lode mining
claims situated lying and being in Tho
Tonopah Mining District, County o.
Nye, State of Nevada, known as ant
called respectively the Eureka lod'
mining claim and the Curtis lode min
ing claim; the said Eureka lode min
ing claim being a portion of United
states Survey designated by U. 5
Surveyor General of the State of Ne
yada as Survey No. 2600; and the salt
Curtis lode mining claim being por
tion Of United States Survey desle
mated by the U. s. Surveyor Genera
the State OF Nevada as Survey Nc
s0ss.
That the defendant, West End Cor
solidated Mining Company. Is, and
or Its predecessors In interest contir
nously for more than thirteen year
last past has been, the owner of, /
possession OF. and entitled to the POI
session Of that certain lode minin
claim situated in the Tonopah Minin
district, Nye County State OF Nevad'
known as and called the West En-
lode mining claim, being Unite
states Survey designated by III
united States Surveyor General f
tne state OF Nevada as Survey n
zVzA; that the government of u
uni'ed States. by palen, bearing dal