B. S. & K. Mining Co. v. American Smelting & Refining Co.

HOWARD, Judge.

Appellee-plaintiff, American Smelting and Refining Company, hereinafter referred to as ASARCO, filed an action against the appellant-defendant, B. S. & K. Mining Co., hereinafter referred to as B. S. & K., to quiet title to certain unpatented mining claims located in Pima County, Arizona. B. S. & K. filed a counterclaim also seeking to quiet title to the claims. In accordance with the pretrial stipulation, the only determination to be made by the trial court was what is the proper position of the Nevada No. 2 mining claim.

The case was tried by the court without a jury and the…