Show APEXES AND sentinel eureka nevada A decision rendered by judge hawley in the united states circuit court at carson last week will be of great interest to all mining m j n i ng men at the present time when the question of apexes and extra lateral rights is productive of so many lawsuits in all parts of the the case in question was that of the cosmopolitan mo politan mining company against george foote and others in which the defendants wore were enjoined from gout ore from a ledge ledcke el within the boundaries of the cosmopolitan mining claim in storey county nevada in rendering the dee decision ision the court said the defendants contention seems to be that because as they claim they have subsequently discovered the apex of a lode running t northerly and southerly at the easterly line of their surface location that they have a right to follow that lode in its dip beneath the cosmopolitan claim without any regard to the direction or course of the lode located by foote but that right in law depends upon the fact whether what are marked on the ground as the side lines of the location are in fact the side lines and to determine that question we must look exclusively to the location and find out what the defendant foote F boote located because if he located upon a lode that he thought had a northerly and southerly course and made his relocation accordingly and the subsequent developments proved that the locator was mistaken in the course of the lode he would be bound by his own mistake and governed and con tooled in his rights by the facts as they are shown to exist at the time the location was made but whatever his claim may have been whatever his intentions were the fact remains that the relocation was absolutely made upon a lode which runs more east and west than north and south and the law steps in and declares that his legal rights under this location must be determined by calling what he marked as the side lines the end lines of his location this being true it follows that he is not entitled to any extra lateral rights beyond his end line along the western side line of the cosmopolitan these views are conclusive as to the present controversy between the respective parties they apply as well to the dumping ground claimed by the complainants as to the lode within the surface boundaries of the cosmopolitan mo politan claim the owner or owners of the badger claim under the location made by mr foote can only claim feet on each side of the middle of the lode located by him and as thus limited it does not reach any part or portion of the dumping ground of the cosmopolitan company they are of course entitled to all lodes ledges veins and deposits of mineral bearing rock earth or ore the apex of which is found within the limits of the badger location loaa tion as herein defined but they are confined in such rights to the end line drawn aown vertically along the western side line of the cosmopolitan beyond that they have no right to go the decree of the court perpetually enjoins the defendants from taking out ore from any ledge within the boundaries of the cosmopolitan claim |