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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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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.