Zobel v. Fannie Rawlings Mining Co.

delivered the’ opinion of the court:

The plaintiffs in this action are The Fanny Rawlings Mining Company and Thomas D. Kyle, the former the owner and lessor, the latter the lessee of the Fanny Rawlings mining claim. August Zobel and others own the St. Louis mining claim adjoining the Fanny Rawlings. One Ostrom, lessee of the St. Louis lode, and Zobel, so the complaint says, with force and arms wrongfully and unlawfully broke and entered into the Fanny Rawlings claim beneath the surface thereof, and took therefrom ores of the value of $25,000.00, and converted‘the same to their own use. The…