United States Court of Appeals For the Ninth Circuit . und reasoning, and the result reached is inharmony with all the decisions of the courts whichhave come under our observation. EXTRALATERAL RIGHTS ON SECONDARY VEINS. If we assume for the moment that the patent to theSenator Stewart Fraction establishes without otherproof that there is a discovery vein running from oneend line to the other through the center of the claimand that the end lines as described in the patent arethe end lines of all veins, and that a secondary veinon its course crosses the south side line of the StewartFraction cl
United States Court of Appeals For the Ninth Circuit . und reasoning, and the result reached is inharmony with all the decisions of the courts whichhave come under our observation. EXTRALATERAL RIGHTS ON SECONDARY VEINS. If we assume for the moment that the patent to theSenator Stewart Fraction establishes without otherproof that there is a discovery vein running from oneend line to the other through the center of the claimand that the end lines as described in the patent arethe end lines of all veins, and that a secondary veinon its course crosses the south side line of the StewartFraction claim, and runs substantially parallel withthe end lines of the claim, which are assumed to crossan assumed discovery vein, to a point near the north 26 side line of the claim, still the law would not give theowners of the Stewart Fraction claim the right to pur-sue that vein on the strike beyond the south side lineof the claim. Let us suppose that a vein crosses the originallydiscovered vein and the claim at right angles, as illus-trated on Figure Figure 11. A-B being the discovery vein and C-D the secondaryvein. It is manifest that the end line plane on theoriginal vein cannot be applied so as to cross the sec-ondary vein at any angle. The plane so constructedwould be parallel or coincident with the course of thesecondary vein. Would the locator under such cir-cumstances have any extralateral rights on the sec-ondary vein? The case of Cosmopolitan Mining Company , loi Fed., 518, decided by Judge Hawley, pre-sents a situation somewhat similar to the one pre-sented on Figure 11, the facts of which are illustratedon Figure 12. 27
Size: 1738px × 1437px
Photo credit: © The Reading Room / Alamy / Afripics
License: Licensed
Model Released: No
Keywords: ., bookauthorunitedstatescourtofap, bookcentury1900, bookdecade1910
