Show I FILE rUE SECOND ANSWER I I I furlou People A In Set Up tIe Ayov Claim I Attorneys M M Kaighn and W H JDickson I on hhaif of is Marion Gold I Mining and Milling company have filed i the answer and cross cunpaint in The Third district court in the suit of I Matthew T Gisborn S H Milnir and I G R TJorhwell vs the Marion Gold I j Mining and Milling company The suit is n very important one as the outcome of it will probably settle a I large number of similar disputes which have arisen in Camp Floyd dis jTrlct and the litigation is watched wlth interest by mining men who have I properties in that district j The defendants deny at the outset that the West Geyser lode mining I claim mentioned in the complaint ever had any existence In fact and deity that the ores alleged to hlave been extracted from the socalled Geyser Gey-ser lode were appurtenant to that property or belonged to the plaintiffs and deny that the defendants extracted ex-tracted therefrom large quaoitltles of ore belonging to the plaintiffs to the value of 10000 or any sum It is alleged al-leged that the ores mentioned in the I complaint as belonging to plaintiffs and within planes drawn down vertically verti-cally on the exterior botlndar thereof are Ores belonging to a vein and lode halving its top and apex wholly within the surface boundartea I of the Marion claim that the Hop and apex of said vein on its course and strike is wholly Included within and I c < IjJ < J 1 1 > > uns substantially parallel to the side l ines of > like MariOn throughout its ntire length and crosses each of the end lines of the Marion that the aM vein dips in a1 northerly direction and in its downward course so far departs from a perpendicular as to pass out of and over and beyond he northerly side line of the Marion and under and beneath the surface of the alleged West Geyser mine and that the only ores mined by the defendants from beneath the surface of tine alleged eged West Geyser nave been mined from sand lode and vein haYing Its top and apex within the Marion claim and that the value of the ores so mined does not exceed 1000 The defendants deny that they thrive trespasSed on the plaintiffs property or extracted any ores tiherefrom and deny that they are insolvent or incapable capable to respond in damages for the alleged injuries mentioned in the corn plaint For cross complaint the defendants allege that they are tile owners and en tiNed to the possession of the vein or lode throughout its entire depth end that the plaintiffs wrongfully claim and assert an interest in and to all that portion of the vein earl lode which lies northerly of a plane drawn down vertically through the northerly side line I of the Marion that the al leged trespass consists in the mining and extraction of ores b > he defendants from that portion of the vein lying northerly of the northerlY side Hne of the Marion claim and that the plaintiffs by wrongfully asserting their ownership impeach and cloud the dafendants tilde to the same wherefore the de endants pray for judgment that plaintiffs take nothing by their action that the defendants be decreed > to be the owners and entitled to the posses sion of all said vein or Code through its entire depth and that its title thereto be quieted against the hostile claims of the plaintiffs and that the plan tiffs be estopped and enjoined from making or asserting any claim or I wnersmp thereto |