| Show Ulu MINING SUIT IM IN Ml DURT I Judge Marshall Finds for Ophir Hill Consolidated at Stockton AfTER AETER RECOVERY OF ORES Thomas F F. Keeley and Others Lose Case Location Case Location of f Apexes Not Needed Judge Tu so John JoInt A A. Marshall of lIC the United States Slates DI Jcl District court han handed cd down on Monday fon u tho opinion In the i iea ea case e eor of or f Thomas P. P et t at al versus I Ithe the Hill Consolidated Mining 1 1 company et al aI In the time O Ophir distrIct near Stockton Utah A ju judgment was given i to tho defendant on each o othe of the three contentions In iii the lie complaint Ih There nj were two actions brought by bj I Keeley und and others OthOl'S fOI for the recovery recover o of certain ores oros extracted In an un alleged e trespass beneath th the surface of tho the OUI Our Boys nays and the Henrietta claims calms The defense was made that the thc ore extracted e. was part of or the broad lo lode o ohain ha in ha having haing ing its apex x in certain claims 1 belonging belonging be be- e- e longing to the time defendant corporation and while there were fissures and different dif dif- l- l ft ferent beds bells of ot limestone carrying ore they all former one bedded lodo lode that had hall Its apex in their ground an and the cou course c of or the thc Iode could be trace traced out of or the thc end lines lilies of or the respective claims The Time plaintiff contended at the time time of th the tue trial that 1 1 Tue The cross fissures were the lie sources of the an and the they determined the time strike e of or tho the vein au and therefore the defendant departed departe from lom his claim on tho the strike and not nol on the dip of the vein eln 2 That 2 That there there were ere ere many separate cross fissures ures the time apex of which had d hadnot hadnot not been traced to the surface and of or their cr very nature the they must cross crogg the time side sillo lines hues and ami therefore there theio could be bo no extra lateral rights 2 That That the Bartlett vein eln was shown to cro cross both bolh side sill lines and aUlI for that rea reason on there could be bc no extra lateral rights t ts I Deposit if a lL o One lie The Time court found that the contention conten Ion tion of or the defendant was correct in that tho the deposit lt was a bedded ed one as distinguished from a a. series of fissures I that the time plaintiff had not sho showed shod d b by bythe bytho the tho i c evidence that lint the lie fissures had hall ci crossed the time sidelines and that it was not incumbent upon the defendant c to togo togo too go o to the great greut amount of or work Worle necessary to show the apexes of lie tho cross crots n sure sure- on the surface and as iho they were not hot shown to digress from romi the side I e lines JInes the defendant den had the right to tn nil all the tIme mineral found within th the limits of his claim and the extra lateral rights lights of or such when it alun along the dip of the lode lodo as found fOUD In Inthe Inthe Inthe the facts The court COUlt also held that as the Bartlett vein in wa was vas shown sho to Lo gross ross the sidelines at rl light ht angles ongles or l' l I nearly earl to so o the sidelines would become lecome tho time emit end lutes lines and extra xua lateral rights would attach I |
