Square Deal Gold Mining Co. v. Colomo Mining Co.

Opinion by

Mr. Justice Teller.

The defendant in error brought suit, as the owner of the Sub Treasury Lode Mining Claim, and the Cecil .Lode Mining Claim, to quiet title to. such claims, including certain portions of the veins, which, having their apices within said claims, had, on their dip, passed outside of the south sideline thereof.

The parties will be here designated as they were in the trial court.

The complaint alleged title in plaintiff, and possession, “except fox trespasses hereinafter mentionedand that the defendant, owning a claim to the south of plaintiff’s ground, had been working,…