Gold, Silver & Tungsten, Inc. v. Wallace

*275The defendants in error, plaintiffs in the court below, were the owners and lessee of the Gray Copper lode mining claim. The plaintiff in error, defendant below, was the owner of the Fitchburg lode mining claim. The parties will be designated herein as they appeared in the trial court. Plaintiffs alleged that certain ores mined by the defendant, although lying within the lateral boundaries of the latter’s Fitchburg claim extended downward, in fact, were extracted from plaintiffs’ Gray Copper vein, the apex of which was within the territory covered by their claim. Plaintiffs prayed for…