David Josiah Brewer

“ And in this connection it may be remarked that the common law has been kept steadily in force in Montana. 'The common law of England, so far as the same is applicable and of a general nature, and not in conflict with special enactments of this territory, shall be the law and the rule of decision, and shall be considered as of full force until repealed by legislative authority.' Laws of Montana, 1871, 1872, chap. ”

“ To the suggestion that giving this construction to the bond and conveyance is in effect the granting of a section of a vein of mineral, the answer is that there is nothing impractical or unnatural in such a conveyance. It does not operate to transfer the vein in toto, but simply carves out from the vein the section between the vertical side lines of the ground, and transfers that to the grantee. The title to the balance of the vein remains undisturbed. ”

“ True, the plaintiff in error alleged that the compromise ground was a part of its mining claim, and that the bond was executed 'to settle and compromise the said suit and adverse claims, and for the purpose of settling and agreeing upon the boundary line between' the two claims; but the bond itself, reciting the fact of a settlement and compromise, and an agreement by the contestants to withdraw their objections to the application for a patent, stipulates for a conveyance, after patent, of the compromise ground, 'comprising a part of two certain quartz lode mining claims, known as the St. ”