Little Pittsburgh Consol. Min. Co. v. Amie Min. Co.

• Court: U.S. District Court — District of Colorado
• Citation: Little Pittsburgh Consol. Min. Co. v. Amie Min. Co., 17 F. 57 (D. Colo. 1883)
• Decision Date: 02 July 1883
• Parties: LITTLE PITTSBURGH CONSOLIDATED MINING CO. v. AMIE MINING CO.

17 F. 57

LITTLE PITTSBURGH CONSOLIDATED MINING CO. v. AMIE MINING CO.

United States Circuit Court, D. Colorado.

July 2, 1883

Rockwell & Bissell, for plaintiffs.

Markham Patterson & Thomas, for defendants.

HALLETT J., (orally.)

The Little Pittsburgh Consolidated Mining Company brought an action of ejectment against the Amie Mining Company to recover the Winnemucca mining lode. The defendant answered among other things, that the plaintiff at one time, without stating what time, set up a claim to the Winnemucca lode, and also to the Little Pittsburgh lode. At that time the Winnemucca lode was owned by other parties, claiming adversely to the plaintiff, and the Little Pittsburgh lode embraced or covered all of the Winnemucca claim except the ground in controversy in this suit, which is a small strip upon one side or the other-- I don't remember the exact location. The ground then claimed by the plaintiff as a part of the Little Pittsburgh claim included the discovery shaft of the Winnemucca claim. The owners of the Little Pittsburgh claim applied for a patent to that claim, and were met by an adverse proceeding on the part of the owners of the Winnemucca claim, which was settled in some way, by which the claimants of the Little Pittsburgh property became entitled to their entire claim, including the discovery shaft of the Winnemucca claim. The adverse claim was withdrawn from the land-office, and the Little Pittsburgh people were allowed to make the entry of their lode. There is some confusion in the statements of the answer as to who were the parties owning these claims, respectively, at that time. In some parts of the answer it appears that the present corporation, the Little Pittsburgh Consolidated Company, then claimed and owned the Little Pittsburgh claim, and conducted the...