“ A valid partition before the treaty would is not denied. Indeed, it is conceded that would be bound to respect. That is not denied. Indeed, it is concerded that if a partition was in fact made, as is claimed, the patents, as they now stand, inure to the benefit of the parties, according to their respective interests in severalty, and that a court of equity can give full effect o what was done by decreeing the necessary conveyances to perfect the legal titles. ”

“ Any court, whether state or national, having jurisdiction of the parties and of the subject-matter of the action, was free to act in the premises. Here, the United States have recognized the existence of the right of the original Mexican grantees to the land which has been patented, and by the patents in vested them with any title which passed under the treaty from the Mexican government to that of the United States. ”

“ Article 8 of the treaty protected all existing property rights within the limits of the ceded territory, but it neither created the rights nor defined them. Their existence was not made to depend on the constitution, laws, or treaties of the United States. There was nothing done but to provide that if they did in fact exist under Mexican law, or by reason of the action of Mexican authorities, they should be protected. ”