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Collection: Directories and Documents > Pamphlets
Twenty-One Mining Company vs. Original Sixteen to One Mine Inc. Brief for Appellee (PH 10-7)(02-01-1917) (49 pages)

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Page: of 49

2
mencement of this action, plaintiff and its predecessors in interest were engaged in developing the
Sixteen to One vein, which apexes in said claim and
extends on its dip beneath the surface of the adjoining Tightner Extension, Belmont, and Valentine
claims, owned by defendant. Plaintiff had sunk the
‘Sixteen to One Shaft,” following down upon or in
the immediate vicinity of the Sixteen to One vein,
until, in August, 1916, at a depth of about 700 feet,
on the inclination, plaintiff’s shaft connected with
an upraise of defendant, which extends a short
distance upward on the vein from defendant’s
“Twenty-one Tunnel,’? which tunnel enters the
mountain far below plaintift’s workings. Plaintiff thereupon found that defendant was actively
engaged in mining high-grade ore from the stope
marked ‘‘Trespass Stope”’ on the map, which is more
than 700 feet below the apex of the vein measured
on the dip or inclination (Tr. 17, 22, 29), and vertically “beneath the surface of the Eclipse Extension
claim, owned by a third party. Finding that the
vein in defendant’s workings, and on which defendpe was mining, was plaintiff’s Sixteen to One vein—
ontrary to the claim theretofore made by defendant.