Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22

limbs, sides or slopes OF said vein, as
aforesaid, unite or form a union or
juncturc in their course upward, and
said points on said norther1y side
line OF said mining claim where, as
aforesaid, said contra-dipping limbs.
sides or slopes of said vein respec-
lively intersect said side line and
cross the same and so depart from
said mining claim, there are two
points at which it appears that said
contra-dipping limbs, sides or slopes
Of said vein on their upward course
approach closely to a j%uncture or
union, but as to said contra-dipping
limbs, sides or slopes of said vein
at said two points actually forming a
juncture or union on their upward
course, the evidence is meager and
unsatisfactory; that the point where
the said northerly dipping limb or
side of said vein departs from the
said mining claim through the
northerly side line thereof is ll2O
feet westerly from the northeast cor.
ner of said claim measured along the
northerly side line thereof; that the
point where said southerly dipping
limb or side Of said vein departs
from said mining claim through the
northerly side line thereof is 1l421a
feet westerly from the northeast cor
ner Of said claim measured along the
northerly side line thereof; that
throughout said distance OF 40 feet,
where the contra dipping limbs or
side of said vein are found i'll con-
j, notion, as hereinbeforc stated,
there is a continuation upward from
the summit of the juncture OF union
| Of said two limbs or sides OF said
vein OF ore or vein Of quartzZ to what
was the surface before the same was
covered by the lava flow; that the dip
or downward course OF both the
northerly and southerly dipping sides
or limbs of the vein where the two
are found in conjunction, as atore-
said, and also in the places where
each. as aforesaid, has its separate
and independent top or apex. is reg
ular and practically free from undu-
l%ations; that the said s%outherly Dip
ping limb or side OF the vein in the
easterly portion Of the West End
claim, that is to say, the easterly 800
feet thereof, has been developed from
fhe top or summit OF said Juncture
of said contra-dipping limbs to and
beyond the southerly side line OF said
claim, or Tor a distance, measured on
the slope or downward course OF said
s%outherly dipping limb or side, OF 500
feet or Whereabouts, the average dip
t ere being II degrees from the hor-
~ozontal; that the westerly portion.
that is to say, the westerly 800 feet OF
said southerly dipping limb or side
OF said vein found in the West End
claim. has been developed from Its
top to and beyond the southerly side
line Of said claim, or tor a distnce,
measured on its slope or downward
course, OF 1000 feet or Whereabouts,
the average dip there being 80 degrees
from the horizontal that the average
dip OF said northerly dipping limb or
side of said vein, so far as the same
has been developed in its downward
course, is II degrees from the horo-
zontal; that said vein is a fisure
vein; that there is a difference i'll
the strikes or courses OF said nOrther
" and southerly dipping limbs OF said
vein of about 40 degrees; that at
said places and throughout said dis
t~ances, where said contra-dipping
limbs OF said vein are found to in
t~ersect and form a juncture, as afore-
said, there has been a mingling Of
the mineralizations of said two limbs
Of said vein within the angle beneath
the juncture of the said two limbs;
that at such places and throughout
said distances the footwall OF said
two limbs Of said Vein, within the
angle beneath their said juncture, by
the process of replacement has been
converted into mineralized quartz
for considerable distances below said
juncture, said replacement quartz ex-
tending from limb to limb"
Appellant bases its appeal from
the decision Of the trial court on the
following grounds:
"A. Erroneous Findings OF Fact.
Il. That the finding of the trial
court that the two sides OF Northerly
and Southerly dipping slopes of the
single vein involved are not united at
the crest of the anticlinal roll, but
are separated for considerable dis
tances within the West End claim,
thus forming separate terminal edges
along the upper edges of each OF
these slopes, is unsupported by the
evidence.
80. That the finding Of the trial
court giving the o~ccurances of quartz
in the A series of raises the dignity
of a vein is o. justified by the evil
dence, and further. that no matter
what may be its character, it admit
teddy dips to the North and has no
bearing on a claimed eNtralateral
right extending. to the South.
"B. Errors of Law"
Il. The trial court found that the
discovery in the West End claim
was on the Northerly dipping por-
ton of slope OF the vein, and in spite
of this finding awarded an extralat-
eral right to appellee on the South
erly dipping limb or slope of the vein.
Appellant contends that this is an
erroneous construction Of the federal
statute granting the right to follow
a vein extralaterally, and hat extra
lateral rights in two opposite direc-
tons attaching to the same mining
claim, and the same vein. are not
contemplated by this statute.
80 The trial court found that the