Pioneer Mining Co. v. Mitchell

(after stating the facts as above).

Evidence was adduced tending to show that plaintiff had acquired title to claim No. 1 Flat Creek; that Gold Belt Fraction overlapped it, but that the former was first duly-located; that the Marshes and Ashland mined upon the overlap, and extracted gold therefrom, the royalties on which amounted to the sum of $991.98, all'of which was paid over to Dunham; that plaintiff notified the lessees that they were mining on his claim, also notified the defendants to the same purpose, thus showing knowledge on defendants’ part that their lessees were working plaintiff’s ground; that one clean-up of gold was mined, probably, before the Pioneer Mining Company purchased its interest, and before plaintiff notified the lessees that they were trespassing upon plaintiff’s claim, but that the remaining clean-ups were all mined subsequent to notice to the defendants of such trespass. The jury evidently omitted the royalty on the first clean-up, amounting to $171.07, from their estimate, and gave a verdict for the remainder. If appears that Dunham paid over to the Pioneer Mining Company its full proportion of these royalties, reserving his own share.

It further…