Calhoun Gold Mining Co. v. Ajax Gold Mining Co.

Appellee, the owner of the Monarch, Mammoth Pearl, Apex and Champion lode mining claims, commenced this action in the court below to recover damages and restrain appellant, as defendant, from removing ore claimed to be within the boundaries of these claims, and to which it asserted it was entitled by virtue of such ownership, and also to restrain defendant from prosecuting work upon a tunnel which the latter was excavating underneath such claims. Defendant answered, justifying its removal of ore and excavation of the tunnel upon two grounds : (1) That it was the owner of the Victor…