American Smelting & Refining Co. v. Hicks

This action was instituted by the defendants in error, hereafter called the plaintiffs, against S. B. and M. A. Wright and The American Smelting and Refining Company. The complaint alleges that the defendants Wright, *147by means of underground workings, etc., entered upon plaintiffs’ property and mined and carried away certain ore; that it was shipped to the defendant, The American Smelting and Refining Company, and that the proceeds of such ore were then in the hands of said company; that plaintiffs had served the company with notice that the ore was the property of plaintiffs; that defendants…