Lebanon Mining Co. of New York v. Rogers

Appellant was the undisputed owner of the Ben Harding, a patented mining claim; appellee asserted ownership, through a tax title, of the Caledonia, another patented claim contiguous to the former. The vein of the Ben Harding departed on its strike from the side line thereof into the Caledonia territory, ultimately, however, returning within the Ben Harding boundary lines. Appellant was, at the time of the tax sale, and for a period prior thereto had been, peaceably occupying and working that portion of the lode within the Caledonia surface ground. Upon receiving his tax deed, appellee brought…