Drake v. Justice Gold Mining Co.

The controversy here is between the owners of the Washington and Justice lode claims, situate in Gilpin county, as to the ownership of ore bodies of a vein under the surface, and within the exterior boundaries of the Washington lode extended downward vertically. The claim of each party is based upon ownership of the apex.

The cause wajs tried before a jury, and the court, *261upon request, submitted, and the jury answered, three interrogatories, and also' returned what the parties call a general verdict, in favor of the defendant, on which judgment for it was entered by the court. The plaintiffs…