1. Minins Claims — Conveyance to Settle Disputed Boundary — Construction.

In compliance witt a decree for specific performance of a contract made between the owners of two adjoining mining claims in settlement of a suit brought to determíne.a disputed boundary between them, the owner of one claim conveyed to the owner of the other the strip in dispute, “together with all the mineral therein contained, together with all the dips, spurs, and angles, and also all the metals, ores, gold and silver bearing quartz rock, and earth therein.” Helé, that such conveyance had no other effect than to fix the surface boundary between the two claims in accordance with the original contention of the grantee, and did not deprive the grantor of any extralateral rights under the ground so conveyed; such boundary being a side line of its claim.

2. Same — Action for Conversion of Ore — Plf.ading.

A complaint which alleges that plaintiff is the owner of a mining claim, and of all the precious metals contained in any vein or lode, through its entire depth, whose apex is within the surface lines of such claim, and that defendant, the owner of a claim which adjoins one of the side lines of plaintiff’s, has mined and removed ore from a vein which has its apex in plaintiff’s claim, is sufficient, in the absence of a demurrer thereto, to support a judgment in favor of plaintiff for the conversion of such ore, although it does not specifically allege the facts which show that the boundary between the claims of the parties is a side line of plaintiff’s ■ claim, beyond which it has extralateral rights.

3. Same — Possession oí Vein.

Possession of the surface of a mining claim is possession of a vein or lode having its apex within the surface lines of the claim, although, in extending downward, such vein may pass beyond the vertical side lines of the claim, and will support an action of trespass for the removal of ore from such vein, beneath the surface of an adjoining claim.

4. Same — Trespass—Damages Recoverable.

Where, in an action for the conversion of ore, an injunction lias been issued, in compliance with which the defendant; has stored certain ore theretofore mined, it is not entitled to have the value of such ore taken into account in reduction of damages unless it proves such value, and returns or tenders the ore to the plaintiff.