Rico-Argentine Mining Co. v. Rico Consolidated Mining Co.

The defendants in error brought this suit to recover from the plaintiffs in error the value of ore taken by them from within the boundaries of the plaintiffs’ Allegheny lode mining claim, and for injunctive relief. The parties will be designated here as they were in the court below.

The defendants admitted the taking of the ore, .and claimed that they were entitled to the same upon the theory that the apex of the vein, from which the ore was mined, is within their property. The trial was to the court without a jury. Findings were for the plaintiffs that they were entitled to recover the value…