White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1916-12-17
COPPERM|NES co. WINS
LONG.COMTESTED SUIT

district court Friday afternoon in
favor of the piaintif, thereby award
ing to the company those tracts of
land in Steptoe valley which have
been in dispute for some years past
and which were the subject of an
action before a former Judge without
jury about four years ago The
former judgment Of the district
Judge was the same in effect as that
now awarded by the jury, but was
later reversed by the supreme court
and remanded for a new trial.
The trial just closed occupied the
attention of Judge McFadden and a
jury for five days. during which time
many witnesses were examined and
the history of transactions during
the boom days of 1906 when fabulous
sums were paid for ranches in Step
toe valley with the primary object
of obtaining the water used upon the
land in order that the water might
be used for mining purposes and to
supply smelters then in contempla-
ton.
According to the story told In the
trial. A G. Corbett and W. N. Nc
GIL called on Senator Comins at his
ranch in Steptoe valley In February,
1906 The object of Mr.. Corbetts
visit was to purchase the ranch If
possible and he had about the same
time arranged for the purchase of
adjoining ranches on which the wa
ters OF Steptoe creek had been used.
second meeting was arranged in
Ely the day following the visit TO the
ranch and at that meeting Comins
agreed to sell and Corbett agreed to
purchase the property for the sum
of $4,000. A payment of $500 was
then made to bind the bargain and
papers were later drawn up by Attor-
ney chas. 8. Chandler in which the
details of the transaction were set
forth
Attorney Chandler testified that
NHtu ut uiCW a tohtfdtA otV bafs ohh
submitted II to Senator Comins for
his signature. the senator refused to
sign. and assigned as his reason for
30 refusing the fact that the contract
contained a clause to the effect that
he was to convey title to other lands
adjacent to or adjoining the lands on
Steptoe creek Senator Comins at
the time owned some two thousand
acres OF land which he did not con-.
slider a part of the ranch proper
Several conferences between the
parties followed and Senator Comins
furnished TO Attorney Chandler de-
scription of the 1900 acres of land
which he said he proposed to sell
This description was by legal sub
divisions and the land being at the
time unsurveyed. the parties did not
know definitely just where the quar-
ter sections were.
BY a survey made in 1910 IL de.
veloped that six separate tracts of
land were within what plaintiff con-
tended was a part of the cultivated
area of the ranch, within the fence
and consequently we're conveyed by
deed. which II was contended not
only covered the particular forty-acre
tracts described by legal subdivisions
but all that land which was common
ly known and called 'the Comins
ranch
The contention OF Senator Comins
was that he agreed to sell 1000 acres
of land not one foot more or less
and that 1900 acres of land was par
ticualrly and properly described by
legal subdivisions. The parcels of
land in dispute contained In the ag-
Eregate trifle more than Ga acres.
The Coppermines company was
represented by Attorneys Samuel w.
Belford OF Reno and James NJ Lock
hart Of Ely. while Senator Comiris
had as his counsel Sardis Summer
field of Reno and District Attorney
elect George IL Whiteley of Fly
The jury was out but a short time
when the general verdict in favor of
the plaintiff was returned special
form of verdict had been submitted
to the jury, however. and when this
was not returned with the general
verdict the jury was directed to re-
turn for further deliberation, and a
short time after returned with the
special verdict. in which the ques-
tions submitted were answered as
follows
Question No. /. Did the grantor
Comins. make any claim to the par
cells OF land in controversy between