Montana Min. Co. v. St. Louis Min. & Mill. Co. of Montana
Decision Date | 13 August 1906 |
Docket Number | 1,240. |
Citation | 147 F. 897 |
Parties | MONTANA MINING CO. v. ST. LOUIS MIN. & MILL. CO. OF MONTANA. |
Court | U.S. Court of Appeals — Ninth Circuit |
This was an action brought in the Circuit Court of the United States for the District of Montana by the St. Louis Mining & Milling Company, a Montana corporation, defendant in error against the Montana Mining Company, Limited, a corporation organized under the laws of Great Britain, plaintiff in error, to recover damages for trespass upon a vein of mineral, the top or apex of which lies inside the surface lines of the St. Louis claim, but which vein in its downward course, departing from a perpendicular, crosses the vertical side lines of the St. Louis claim and enters beneath the surface of the adjoining claim owned by the Montana Company where the trespass upon the vein by the Montana Company is charged to have been committed and the appropriation by that company of large quantities of valuable ore extracted from the vein.
The first paragraph of the second amended and supplemental complaint alleged the corporate character of the plaintiff and defendant.
In the second paragraph of the complaint it was alleged that, at the times mentioned therein, the plaintiff was 'the owner of entitled to, and in the actual possession and occupation of, that certain quartz lode mining claim known as the 'St. Louis Quartz Lode Mining Claim,' and of the quartz, rock, and ore, and precious metals contained in any and all veins, lodes, and ledges of mineral-bearing rock through their entire depth, the tops or apexes of which lie within the surface lines of the said fractional portion of said St. Louis lode mining claim, although such veins, lodes, or ledges may so far depart from a perpendicular in their downward course as to extend outside of the vertical side line of the surface of the said St. Louis quartz lode mining claim.'
The complaint contained a full description of this claim by monuments, courses, and distances, concluding with this exception: 'Save and except that portion thereof known as the 30-foot strip or compromise ground which belongs to and is a part and portion of what is known and designated as the Nine Hour lode mining claim.'
In the third paragraph it was alleged 'that the said defendant, Montana Mining Company, Limited, is and was the owner of what is known and designated as the 'Nine Hour Quartz Lode Mining Claim,' situate and being east of the said St. Louis lode mining claim, and including the 30-foot strip or compromise ground aforesaid, and that the discovery, location, and recordation of the said St. Louis lode mining claim and the United States patent therefor was made prior to the discovery, location and recordation and patent to the said Nine Hour lode mining claim.'
In the fourth paragraph it was alleged:
In the fifth paragraph it was alleged:
'Wherefore, plaintiff prays judgment for the said sum of $250,000, together with its costs and disbursements in this behalf expended.'
A map or plat showing the point at which the said vein enters said St. Louis lode mining claim, as described in the complaint, and the point where the same departs therefrom upon the east line of said claim, is attached to the complaint, marked Exhibit 'A,' and made a part thereof. A copy of this map is annexed to this opinion for reference.
(Image Omitted) The last clause of the complaint relates to the damages alleged to have been sustained by the plaintiff after filing the original complaint and up to the 26th day of June, 1899, which were originally stated as being $50,000, and the total damages as $250,000. This clause was amended by leave of the court at the close of the last trial on June 30, 1905, so as to change the $50,000, therein mentioned to $400,000, making the entire claim for damages $600,000.
The Montana Mining Company answered this complaint June 30, 1899, admitting the allegations contained in paragraphs 1,2, and 3, and setting up the defense of an estopped by deed, as follows:
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