Central Eureka Mining Co. v. East Central Eureka Mining Co.

Defendants Toman appeal from a judgment quieting plaintiff’s title to certain mining prop erty and from, an order denying their motion for a new trial. The plaintiff is the owner of the Summit Quartz Mine, situated in Amador County, and the controversy here is as to so much of the vein of ore having its apex within the surface lines of plaintiff’s location as lies within vertical planes drawn through" the end-lines of such location and those lines produced in their own direction, and underneath the surface of defendant’s land. This vein at the apex traverses plaintiff’s location, crossing both the southern and northern end-lines. In its downward course the vein descends into the earth at an angle approximately of sixty-five degrees eastwardly, and on suph downward course passes outside of a plane drawn down vertically through the east side-line of plaintiff’s surface location, and enters the adjoining land of defendants at a depth of 1,094 feet from" the collar of plaintiff’s shaft, and extends for a considerable distance therein. Plaintiff has already sunk its shaft to a depth of about two thousand feet, and was at the time of the commencement of this action engaged in removing…