Empire Star Mines Co. v. Grass Valley Bullion Mines

On and pripr to February 21, 1933, and at all times thereafter, appellant, Empire Star Mines Company Limited, a Delaware corporation (hereafter called plaintiff), was the owner, entitled to possession and in actual possession of three lode mining claims, the Daisy Hill, the Gold Run and the Arcturus, mineral patents for which were issued by the *230 United States to plaintiff’s predecessors in title on July 22, 1895, December 13, 1906, and October 5, 1931, respectively. These claims are in the northwest quarter of section 1, township 15 north, range 8 east, Mt. Diablo Meridian, in Nevada County, California.

On July 25, 1933, and at all times thereafter, Grass Valley Bullion Mines, a California corporation (hereafter called Grass Valley), was in actual possession of a tract of land (hereafter called the Galena tract) in lot 7 of the northeast quarter 1 of section 2, township and range aforesaid. From a point on the surface of the Galena tract, a shaft known as the Bullion shaft extends, in a downward and northeasterly direction, past the northeasterly side line of the Galena tract, into and through adjacent ground not here involved, thence into and through the Gold Run claim and…