File:Transactions (1871) (14741181446).jpg

Identifier: transmining12amer (find matches)
Title: Transactions
Year: 1871 (1870s)
Authors: American Institute of Mining, Metallurgical, and Petroleum Engineers
Subjects: Mineral industries
Publisher: New York (etc.)
Contributing Library: Robarts - University of Toronto
Digitizing Sponsor: University of Toronto

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)aper, which is here reproduced for convenience. Assum-ing the right-hand side of the figure to be north, and the lower linee e of the claim E to represent the ridge of Custer hill, we have theoutcrop s xty running along the western slope, turning at g, extend-ing along the northern slope through z, crossing the gulch and ap-pearing again at w in Florence hill. Of course the directions and))roportions are not exactly those of the actual case, since the figureis a purely imaginary one. But it was drawn to exhibit just suchconditions as those described by the court. The plaintiffs in the casedo not claim that their lines embrace the outcrop. They are situ-ated as would be tlie owner of a location of which the point u isthe centre, but in which the outcrop t is not included. At least,they do not plead the possession of any apex, but rest on theirrights, as surface-owners, to all minerals beneath their surface, ex- THK LAW OF THE APF.X. G83
Text Appearing After Image:
684 THE LAW OF THE APEX. cept such as may be included in lodes of which otlier locators pos-sess the top or apex. The court holds, very properly, that theburden of proof is upon any one who pretends to the right to enterthe plaintiffs ground. The mere exhibition of the patent or loca-tion-record, and proof of the surface-lines, raakes a complete casefor the plaintiffs, unless the defendants can affirmatively prove thatin entering the plaintiffs ground, they are following on its down-ward course a lode of which the apex is within their own ground. The defendants occupy the position of the locator A in the figure.For the purposes of this decision, we may assume that they havethe prior title. (There was conflicting testimony on this point; butthe court passed it by, as not affecting the result under the finalruling.) They have, beyond dispute, the outcrop ^2; r/; and theyclaiju the right to follow the vein indefinitely between the lines aaf,aaf, and hence into, and through, the location

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