Bulwer Consolidated Mining Co. v. Standard Consolidated Mining Co.

Action to quiet title to a mining claim in Mono County, brought under section 738 of the Code of Civil Procedure. Each party is a California corporation.

The complaint is in the usual form of complaints under said section, and describes a strip of land 1,188 feet in length, containing two acres, “known as the Ralston No. 1 north mine or vein, .... being mineral entry No. 48 in the series of the land-office at Bodie, in said *593 state, designated by the surveyor-general as lot No. 44,” of which the plaintiff alleges that it is the oivner, and in possession, 4‘ with exclusive right of possession and enjoyment of all land included within the exterior lines of said survey, and of 1,188 linear feet of said Ralston No, 1 north mine or vein, lode, or deposit, for the length hereinbefore described, throughout its entire depth, although it may enter the land adjoining, and also of all other veins, lodes, ledges, or deposits, throughout their entire depth, the tops or apexes of which lie inside the exterior lines of said survey at the surface extended downward vertically, although such veins, lodes, ledges, or deposits in their downward course may so far depart from a perpendicular as to…