Ajax Gold Mining Co. v. Hilkey

Chiee Justice Campbell

delivered the opinion of the court.

This is an action by the owner of the Victor Consolidated, against the owner of the Triumph, mining claim, to recover for the value of ores taken from a vein within the limits of the Triumph lode, of which both parties assert ownership. The defendants say the ores belong to them because the vein from which they were extracted is within the outer boundaries of their location, while plaintiff’s ownership is based upon an apex right under section 2322, Revised Statutes of the United States. Only one important question is raised by. the…