Oliver Wendell Holmes, Jr.

“ The defendants rely, for a further defense, upon a quitclaim deed, from the plaintiff, of the land under which lies the portion of the vein in dispute. The land was described as lying east of the mining ground known as the Summit quartz mine. Assuming, in accordance with its decision, that the part of the vein under this land was embraced in the patent to the plaintiff, and severed from the surface, the California court held that this instrument did not purport to convey the portion of the vein beneath the surface and within the converging lines, produced, of the plaintiff's location. ”

“ In short, the patent purports to convey the rights claimed by the plaintiff in this suit, and also the additional rights that would have been gained by a location and patent under the act of 1872 alone. The defendants derive title from later patents issued under the laws of the United States concerning the sale of agricultural land, and admit that, if the plaintiff's patent conveyed what it purported to convey, then, subject to a question to be mentioned later, the plaintiff must prevail. ”

“ We believe that Congress used the word in a somewhat popular sense, as no doubt it would have used it in the case supposed, without considering what injustice might be within its constitutional power to commit. ”