United States Court of Appeals For the Ninth Circuit . Diagram B. In that case the apex of the vein in question crossedthe southerly side line of the Fairmount 195A claimand within a few feet this apex passed out throughthe easterly end line of the same claim. The casehas no application to the case at bar since the apex ofthe vein here in controversy does not pass out throughthe Senator Stewart Fraction end line. Counsel for appellant also cite the case of JeffersonCo. vs. Anchoria-Leland Co., 32 Colo., 176, which italso contends is authority in support of the sameproposition. 8 The following
United States Court of Appeals For the Ninth Circuit . Diagram B. In that case the apex of the vein in question crossedthe southerly side line of the Fairmount 195A claimand within a few feet this apex passed out throughthe easterly end line of the same claim. The casehas no application to the case at bar since the apex ofthe vein here in controversy does not pass out throughthe Senator Stewart Fraction end line. Counsel for appellant also cite the case of JeffersonCo. vs. Anchoria-Leland Co., 32 Colo., 176, which italso contends is authority in support of the sameproposition. 8 The following diagram, based upon the one accom-panying the opinion of the Court, but slightly elab-orated, will illustrate the facts involved. ANCHOR ^COI5*g^»IJ1^V£l« &EMIOR kOCATlOn. Diagram C. The Anchoria-Leland company owned the Anchor,and the Jefferson company the Mattie L. The Anchorwas the senior of the claims both as to location andpatent. The discovery vein Y-Z-Y in the Anchorcrossed both end-lines, although the fact does notappear on the diagram in the opinion. The secondaryvein in the Anchor a-b crossed two side-lines. Boththe discovery and secondary veins in the Mattie the lines located as side-lines. The vein a-b was secondary in both locations. The controversyarose over the underground parts of the secondaryvein lying underneath and within the conflicting sur-face area of both claims—i. e., within the parallelo-gram c-x-e-f. The contention of the Jefferson com-pany was that the Anchoria-Leland rights in the sec-ondary vein a-b should be defined by constructing aplane parallel to the end-line (e-f), at the point X,where the secondary vein passed out of the northside-line of the Anchor. The Anchoria-Leland a right to all the ore i
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