Ames v. Empire Star Mines Co., Ltd.

17 Cal.2d 213 (1941)

WORTHINGTON AMES et al., Appellants,

v.

EMPIRE STAR MINES COMPANY, LTD., et al., Respondents.

Sac. No. 5246.

Supreme Court of California. In Bank.

January 31, 1941.

Simeon E. Sheffey and Richard Belcher for Appellants.

Robert M. Searls, Jones & Finnegan and William E. Colby, for Respondents.

TRAYNOR, J.

This controversy is between the owners of mining property, known as the Pennsylvania and Jefferson mines, upon whose land there is the outcropping of a gold-bearing quartz vein, and the owners of non-mineral surface land, known as the Ames Tract, beneath the surface of which this…