Percy La Salle Mining & Power Co. v. Newman Mining, Milling & Leasing Co.

SYMES, District Judge.

This matter is before the court on defendant’s motion to dismiss. The bill sets out that the plaintiff was the owner in fee of a group of mining claims situated in Pitkin county, Colo., and that by a certain lease or written agreement between it, as lessor, and the defendant, as lessee, it leased the said mining claims to the defendant for a term of 10 years, beginning June 1, 1917, in consideration of the royalties, covenants, etc., set forth therein. Copy of lease is annexed to the bill.

It then charges that lessee took possession of the property, and has ever since…