United States Court of Appeals For the Ninth Circuit . n slopewith a downward inclination, thus gradually nearingthe base of the hill until, at a distance of somethingover twenty-five hundred feet, it disappears beneaththe bed of the creek. The course of the outcrop along the northern slopeof the hill is for a distance of nineteen hundred andfifty feet, N. 70° 30 E., and the angle of declinationeight degrees, from west to east. i6 The Vein consists of the underlying quartzite, im-pregnated with iron and silver in various forms, thewidth of the so-called vein material not being uni-form. The ri
United States Court of Appeals For the Ninth Circuit . n slopewith a downward inclination, thus gradually nearingthe base of the hill until, at a distance of somethingover twenty-five hundred feet, it disappears beneaththe bed of the creek. The course of the outcrop along the northern slopeof the hill is for a distance of nineteen hundred andfifty feet, N. 70° 30 E., and the angle of declinationeight degrees, from west to east. i6 The Vein consists of the underlying quartzite, im-pregnated with iron and silver in various forms, thewidth of the so-called vein material not being uni-form. The richer ore deposits are usually found alongthe contact with the overlying limestone. The entire line of outcrop on both slopes of CusterHill appears to have been appropriated by differentlocations, but the controversies in the case under con-sideration arose out of claims located on the northernslope. We present in Figure 8 a diagram showingthe surface boundaries of the claims, the Vein expos-ure, and the underground workings, in (2Q fDO TERRA iS^s«f«!iT.,. Figure 8. From this figure it will appear that the Sitting Bull,belonging to the defendants, covers about thirteen hun-dred and eighty feet of the outcrop on the northernslope of the hill. Its end-lines are parallel, and if 17 this outcrop or vein exposure is the top, or apex,of the vein, the location approximates the ideal. The plaintiffs owned the Silver Terra, some dis-tance south and up the hill from the Sitting does not appear upon what vein the Silver Terralocation was based. It was not material for the pur-poses of the case that it should be shown. Both par-ties had lode patents for their respective claims. TheSitting Bull had, in following the vein southerly intothe hill with its underground works, penetrated under-neath the surface of the Silver Terra, whereupon theowners of that claim brought an action in equity toenjoin the owners of the Sitting Bull from trespassingwithin the bound
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Keywords: ., bookauthorunitedstatescourtofap, bookcentury1900, bookdecade1910
