| Show decision affecting park city M mining ining properties ies the full text 0 of the decision 0 of the united states court ot of appeals in the caia case of 0 the conkling mining company pany against the silver king coalition nines mines company has been received in salt bait lake the opinion reverses the decision of 0 former judge john A marshall of the united states district court and sends the case back for or an accounting according to the attorneys tor for the plaintiff the sum involved will be close to the silver king owns a quarter interest in the property and the conkling company a three quarters interest under the decision this amount will have to be adjudicated the silver king coalition contended that the apex of the famous elephant elope was on its ground and that on the theory of extra lateral rights it VHS nas entitled to the ore it was also contended that the location of 0 the constitution cumberland and monroe doctrine claims were located by mistake across the fissure instead of 0 running with it relative to this the court of appeals says bach ot of the defendants silver king claims was patented on oil march 31 1883 the plaintiffs conkling claim was located in or 1890 and nd was waa not patented until 1892 the ore in dispute could not be reached by any lode or vein extending on its strike lengthwise 0 either cither of deafen cants claims and on its dip through the vertical plane of any side line of any 0 of these three claims the record discloses no claim of 0 the locator locater ot of either of these claims the constitution the cumberland and monroe doctrine or any of oc his successors in interest that through the mistake of any of them the end lines were its sido side lines during the 26 25 years after these claims were patented 1 the defendent de introduced the testimony ot of witnesses that at various points beneath the surface of its claims where tunnels had been run and explorations had been made no longitudinal veins had been found but that small veins running crosswise of the claims and the large vein called the crescent fissure vein had been discovered and the defendant contends that by this testimony it has established by a preponderance ot of evidence the facts that the locator of 0 each of these claims hy by mistake placed them across when he intended to place them along his line but the portions of tho the grant beneath the surface of the dut s claims which its witnesses examined and in which they found no longitudinal veins was but a small percentage of the entire ground beneath these claims the ground in and under them or along the a vein un nn der them would extend had not been explored or examined by any witness to such an extent that he could testify with actual knowledge that there was no longitudinal vein beneath them says claim was smaller Sin aller it was further claimed by the defendant that the conkling company patent was detective defective and that instead of having the regulation mining claim of 1600 1500 feet long by feet wide its claim was only feet long by teet feet wide it if the court had found this thia to be true the elephant slope from which the rich ozes 01 es were removed by the silver king would not have been under the property properly claimed by the conkling mining company when the patent was issued by the land office to the boss mining company predecessor in interest to the conkling mining company it called for a claim 1600 1500 feet long by feet wide the regulation mining claim surveyors monuments and field notes which were made at the time of the survey were introduced by the silver king coalition to show allow that the claim was nas not 1600 1500 feet long but monuments were discovered showing the survey to be it was as contended by the silver king that on this account the conkling mining company had no claim to the elephant slope and that the silver king could not be held responsible tor for oies 01 es taken from it the court is of the opinion that it all of 0 the evidence offered had bad been competent it would have been insufficient to overcome the strong presumption that the plain tivo five to the patent was right insufficient to overcome facts that the plat showed the claim to be 1500 feet in length and feet in width that the field notes the plat and the patent each declare that the area claimed was 2045 acres that this is the area of a tract 1500 feet in length and feet in width while the area ot of a tract feet la in length and GOO feet in width is nearly two acres less court satisfied we have satisfied our minds that the plaintiff now owns the tract 1 feet in length and feet in width so clearly described in it the patent I 1 the court held the act ot of 1904 making boundary lines the lines to mineral lands did not apply to the case and the result is says the opinion that the end lines of these claims silver king never became their side lines and the defendant is without right to three fourth of the ore which is and to three fourths of the ore which was beneath the surface ot of the conkling claim |
