“ Wager, created no special lien against the property that related back to the docketing of the judgment, and that the sale of Wager's interest in the mining claims under that execution to the appellee vested in him no interest or title prior or paramount to the interest, possession, and title of the appellant, and generally the appellant asserts that the judgment appealed from is contrary to law, in that an unpatented mining claim is not the subject of a judgment lien, and if it were, the lien was destroyed by the judgment debtor's abandonment of the claim on August 27, 1900. ”

“ But the statute defining the meaning of the term 'real property' was in force when the Wager judgment was obtained, and the statute made property that might be inherited, real property, upon which a judgment would be a lien. Taking the decisions of the courts, some of which are above referred to, and considering the general nature and meaning of the legislation of the territory, we conclude that the words 'real property' covered mining claims. The lien of the judgment therefore existed when the conveyance by Wager was made in August, 1900, and that conveyance would be subject to that lien. ”

“ Mr. Chief Justice Waite, in delivering the opinion of the court, referred to the language used in Forbes v. Gracey, supra, and reaffirmed the same.
In Manuel v. Wulff, 152 U.S. 505, 510, 38 L. ed. 532, 534, 14 Sup. Ct. Rep. 651, Mr. Chief Justice Fuller, in delivering the opinion of the court, again repeated the language in Forbes v. Gracey, supra, and again reaffirmed ITS CORRECTNESS (AT PAGE 510.) TO THE same effect is elder v. horseshoe miN. & Mill. Co. 194 U.S. 248, 48 L. ed. 960, 24 Sup. Ct. Rep. 643; and see Elder v. Wood, 208 U.S. 226, 52 L. ed. 464, 28 Sup. Ct. Rep. ”