The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-11-27

called, which adjoins the Russell lode
mining claim on the south: that the
said defendant has heretofore. by
means Of underground workings In Its
exclusive possession and control ex-
tending from the said Hecla mine at
great depth beneath the surface. sur
r%eptitiously and secretly penetrated
into and within the said Russell lode
mining claim, and into and upon the
said veins and ore bodies therein, ly-
ing between and within the vertical
planes drawn downward through the
end lines of the said Russell lode mi
ming claim and being a part of the
same vein or lode which has its apex
within the surface boundaries of the
said Russell lode mining claim of the
plaintiff, and mined, extracted and
carried away large quantities OF ore
and mineral therefrom for its " use
from the Russell lode mining claim
and the vein therein, the property of
the plaintiff.
THAT the said defendant In extend
ing the said workings from the Hecla
mine into the Russell mine and into
the veins therein and in extracting
and removing the ores therefrom. has
done so wilfuily and knowingly, Sc
cretly and wrongfully and by such
acts has carried away ore, the prop
erty Of the plaintiff, exceeding ir
value the sum of 6 1000, 900.
plaintiff alleges that it a not
said defendant has extracted and re-
moved such ores, but alleges that the
said defendant has been continuously
mining said ores for some time past.
Federal Claim Defined.
1.-The said defendant claims an in
terest or estate adverse to said plain
tiff in and to said Russell lode mining
claim and in and to such part Of thu
vein or lode Of said Russell lode min
ing claim as lies southerly from, out
side Of and beyond the vertical plan'
drawn downward through the south
erly boundary side line Of the sale
Russell lode mining claim, to-wit: thu
line connecting corner No. 2 and cor
ner No. 3 thereof, and which lies be
tween a vertical plane drawn down
ward through the west end line and
vertical plane drawn downward
through the east end line Of the salt
Russell lode mining claim as herein
before described, and such lines ex
tended Indefinitely IN their own direc
tion %southerly.
THAT the claim Of the said defend
ant is false and groundless and
cloud upon the plaintiffs title to tn
said Russell lode mining claim and t
the said vein or lode of the said Rus
sell lode mining claim, and to ever,
part thereof as lies southerly from
outside of and beyond the vertica
plane drawn downward through tn
said s~outherly boundary side line 0
the said Russell lode mining claim
and which lies between the tertica
planes drawn through end lines of sal,
IfRussell lode mining claim, as herein
before described, extended indefinite
ly in their W direction southerly
that said defendant has no right
title, estate or interest whatever in o
to said Russell lode mining claim, o
in or to said Russell lode or vein o
any part thereof.
THAT the said Russell lode minini
claim hereinbefore described, and al
legged to be the property of the sal
plaintiff, is Of great value. and far Il
excess of $4,000 exclusive of interes
and costs; and that the value of sal
part of the Russell lode or vein whic,
lies southerly from and outside of an
beyond the vertical plane draw,
downward through the southern
boundary side line of said Russell lod
mining claim and between the vertica
planes drawn downward through tn
end lines of the said Russell lode min
ing claim as hereinbefore described
and such lines extended indefinitel
in their own direction southerly, /
more than $4,000, exclusive of interes
and costs.
Details Of Judgment Asked.
Wherefore, said plaintiff pray
judgment of this honorable court:
Il. That the said defendant be re
quired to set forth the nature of 1t
claim to the said property of sal
plaintiff, and that every claim 1t ha
thereto and every part thereof be de
termined by the judgment and deere
OF this court; that by said judgmen
and decree it be- declared, adjudge
and decreed that the said defendan
has not any estate, right, title or / n
terest whatever in or to the said Rus
sell lode mining claim, or any part o
portion of the said lode or vein or tn
said Russell lode mining claim a
hereinbefore described, and which !
alleged to be owned by and in the pos
session of the said plaintiff Fedora
Mining & Smelling company, and tina
by Judgment and decree of said cour
it be declared, adjudged and decree
that the title of said plaintiff theret
is good and valid and hat said de
PENDANT be enjoined from ASSERTING