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Walrath v. Champion Min. Co.

72 F. 978, 19 C.C.A. 323, 1896 U.S. App. LEXIS 1767
Court of Appeals for the Ninth Circuit·Decided February 3, 1896·No. No. 243·Published·Cited by 4 cases

Opinion

ROSS, Circuit Judge.

In so far as the decree appealed from limits the extralateral right of the complainant to follow the vein called, in the record, the “back” or "contact” vein, in its downward course, 'by the line f, g, running south, 48 degrees west, extended vertically downward, it is erroneous, and should be modified. The court below correctly found and adjudged the end lines of the Providence claim, under which the complainant claims, to be the lines a, p, and g, h; and, further, that they are the true and only end lines of each and every vein, lode, or ledge found within the surface location of the Providence claim.

It is conceded that whatever right the complainant has in or to the ledge in controversy is derived from the act of congress of May 10, 1872, embodied in the Revised Statutes as section 2322. Unless that ledge has its top or apex within the lines of the surface location of the Providence claim, the complainant has no extra-lateral right in respect to that ledge at all; but that it does have its top or apex within those surface lines is an uncontroverted fact, and was so found and adjudged by the court below. The complainant, therefore, has the exact extralateral right in respect thereto that is defined by the statute already cited, which is, the right to follow the dip of the ledge in its course downward, outside of the vertical side lines of the surface location of the Providence claim, wherever it goes, until it comes to vertical planes drawn downward through the end lines of the location, continued

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Walrath v. Champion Min. Co., 72 F. 978, 19 C.C.A. 323, 1896 U.S. App. LEXIS 1767 (9th Cir. 1896).

72 F. 978 (Walrath v. Champion Min. Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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