United States Court of Appeals For the Ninth Circuit . ip, and the 133-foot plane, wherethe foot wall entered, the app^^lee was entitled to all theore on the dip while anv part of the vein remained in theground belonging to appellee,—that is, as far as the hang-ing wall or 133-foot plane. And this view has since beenconcurred in by the Supreme Court in Lawson vs. U. S. M. Co., 207 U. S.—28 Sup. 15, submitted about two months before the argument in , Mr. Justice Brewer writing the opinions in both. But now things are changed. Now we are bound to as-sume, under the decision of t
United States Court of Appeals For the Ninth Circuit . ip, and the 133-foot plane, wherethe foot wall entered, the app^^lee was entitled to all theore on the dip while anv part of the vein remained in theground belonging to appellee,—that is, as far as the hang-ing wall or 133-foot plane. And this view has since beenconcurred in by the Supreme Court in Lawson vs. U. S. M. Co., 207 U. S.—28 Sup. 15, submitted about two months before the argument in , Mr. Justice Brewer writing the opinions in both. But now things are changed. Now we are bound to as-sume, under the decision of the Supreme Court in this case,that the Compromise Strip is a part of the St. Louis claim,a fact which every one is estopped from questioning bythe patent. The court, holding that there was no estoppelby reason of the prior proceedings in the cause and theposition taken by ap])ellant, appliefl the rule of Creede vs. Uinta, 196 U. S. 330,and held that the i)atent determined that theground was originally a ]»art of the St. Louis. -11-. i k Let ab and cd be the east and west side lines respectivelyof the Compromise Strip; ef and gh the hanging wall andfoot wall of the vein respectively; ij the 108-foot plane, andId the 133-foot plane. The entire apex between the twolast mentioned planes is represented by the equal trianglesA and B. The ground embraced in each is a part of theSt. Louis patent. The owner of B has as much right tothe ore underneath the Compromise Strip between the twoplanes and beyond tlie strip and between these planes asthe other. Neither can claim any seniority over the as it is practically conceded that the court held thatthe title to the vein beyond the Compromise Strip, at leastas far as the 133-foot plane, was left undisturb(xl, it ex-pressly hild, even taking appellees view of it, that onemight retain all of tlic extra-lateral rights and yet conveyaway hnlf of the apex which originally governed it. Andif the conveyance of half the
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