United States Court of Appeals For the Ninth Circuit . ellees in the causenow before this Court, numbered 2390. The suits were brought to quiet title to the under-ground parts of a vein underneath the surface of theSilver Casket, Saxon, Marion, Lazy Jean and Acemining claims owned by the Bunker Hill & SullivanMining and Concentrating Company, the Ontarioclaim owned by Jonathan Bourne, Jr. and Lillian , his wife, and the Sierra Nevada and Car-bonate claims owned by the Sierra Nevada MiningCompany, such underground parts of the vein in dis-pute being alleged by appellant, Senator Stewart
United States Court of Appeals For the Ninth Circuit . ellees in the causenow before this Court, numbered 2390. The suits were brought to quiet title to the under-ground parts of a vein underneath the surface of theSilver Casket, Saxon, Marion, Lazy Jean and Acemining claims owned by the Bunker Hill & SullivanMining and Concentrating Company, the Ontarioclaim owned by Jonathan Bourne, Jr. and Lillian , his wife, and the Sierra Nevada and Car-bonate claims owned by the Sierra Nevada MiningCompany, such underground parts of the vein in dis-pute being alleged by appellant, Senator Stewart Mi-ning Company, to appertain to and form a part of the vein having its apex within the appellants miningclaim called the Senator Stewart Fraction. The relative situation of these various properties and the situs of the apex, as established at the trial and found by the State Courts and the United States District Court for the State of Idaho in causes here pending, are shown on the map marked Figure i and herewith inserted. $en^ $en.^^ S»<^^. Figure 1. The facts upon which the decisions of the Courtbelow were made were developed through evidencetaken in the State Court, where the controversy wasconfined to the conditions existing in the Senator Stew-art Fraction claim of the Appellant, and the Ontarioclaim of the Appellees, Bourne and wife, which evi-dence forms a part of the record in cause No. 2390. The record upon which the cases were tried doesnot disclose the state of development on the vein un-derneath the surface of any of the properties of eitherthe Bunker Hill & Sullivan Mining and Concentrat-ing Company, Appellee in cause No. 2389, or theSierra Nevada Mining Company, Appellee in causeNo. 2391. This development is negligible as to theseproperties. With the vein in position as disclosed inthe record in the State Court in Stewart Company Company, which was by stipulation made therecord in all three of the causes here pending, the posi-tion of the vein und
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