Midwest-Butte Development Co. v. Butte West Side Mines Co.

The “Minnie Jane” is approximately a full-sized lode mining claim situated in Silver Bow county, Mont. The end lines are substantially parallel, as are the side lines. For general purposes we shall refer to the side lines as being the north and south boundaries, though from the westerly end they run a little north of east. That part of the surface area lying north of a straight line drawn from a point 7 feet south of the northwest corner to a point 230 feet south of the northeast corner • — both distances measured upon the end lines —is owned by plaintiff (appellant) and the area south of this line by defendants (appel-lees) . Proceeding easterly the discovery vein, upon its apex, enters the claim at about the center of the west end, intersects the division, line a little over 600 feet from the east end, is broken by an easterly dipping fault (called the main fault) which is nearly parallel, in its strike, with the end lines, and, with a throw of 30 feet to the north, continues until it departs from the north side line a few feet west of the northeast comer of the claim. In so far as it is identified the vein is shown to have a southerly dip of from 40 to- 50 degrees both, east…