United States Court of Appeals For the Ninth Circuit . filed andconstitutes the evidence in this case. The Stewart Mining Company is asserting ex-tralateral rights upon a vein within the SenatorStewart Fraction Lode Mining Claim southerlyin the direction of the located end lines of theclaim. It bases its claim upon the theory thatthe teriminal edge of t he vein against a largefault, known as the Osborn Fault, constitutes aportion of the apex of the vein. The respondentsdeny that such terminal edge constiutes a portionof the apex, but insist that the edge in questionis a side or bottom edge of
United States Court of Appeals For the Ninth Circuit . filed andconstitutes the evidence in this case. The Stewart Mining Company is asserting ex-tralateral rights upon a vein within the SenatorStewart Fraction Lode Mining Claim southerlyin the direction of the located end lines of theclaim. It bases its claim upon the theory thatthe teriminal edge of t he vein against a largefault, known as the Osborn Fault, constitutes aportion of the apex of the vein. The respondentsdeny that such terminal edge constiutes a portionof the apex, but insist that the edge in questionis a side or bottom edge of the vein and not thetop or apex thereof. The Senator Stewart and the Senator Stew-art Fraction Lode Claims are owned by the Stew-art Mining Company. The Ontario is owned byJonathan Bourne, Jr. The end lines of the Stewart Fraction Claimare parallel; the side lines of that claim are notparallel (see pleadings); the side lines of theSenator Stewart Claim are likewise not parallel. The relative position of these several claimsis shown upon the diagram:. Underlying a portion of each of these claimsthere are ore bodies, all of which are part of avein which nowhere reaches the surface. Thegeneral course of the vein at its highest terminaledge beneath the Clancy Fault is N. 30° E. ( 147, 148, 526, 593, 636, 641, 888, 890), andit dips southeasterly at an angle of about 40°from a horizontal. In its upward course thevein is cut off by the Clancy Fault, which ex- 4 tends from a point near the south side line of theSenator Stewart Claim to a point near the northline of the Stewart Fraction Claim. While evidence was given to the effect that asegment of the vein exists west of and above theClancy Fault, the State Courts in the case here-inafter referred to adopted plaintiffs testimonythat the terminal edge of the vein beneath theClancy Fault constituted the apex of the fault dips northwesterly (Rec. p. 500), andthe upper edge of the vein beneath this is prac-tically level
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