Page:Federal Reporter, 1st Series, Volume 7.djvu/649

 ADAM8 V. OBB KNOB COPPEB CO. 637 �It was conceded by the counsel on both sides that the Btrictly equitable rights of the parties could not be considered and disposed of in an action at law in a federal court, where the Systems of law and equity are separate and distinct as to jurisdiction, and as to the forma and modes of procedure in administering justice. �The court informed the counsel that arguments would be heard as to the legal rights of the plaintiffs under this grant, and then proper issues would be found and submitted to a jury to ascertain the material facts on this part of the case. The other issues of fact presented in the pleadiugs would be reserved for future consideration, if they become necessary. �Clemment, Furches e Lanney, for plaintiffs. �Folk, Cilley, McCorkle, Armfield do Smith, for defendants. �DiCK, D. J., (in response to the arguments of counsel.) I have listened with pleasure, and have been much interested in and benefited by the able and elaborate arguments of the counsel in this case. They have discussed legal questions whieh are not of frequent occurrence in the courts, and I am pleased to find that they are so f amiliar with the oid learning of the common law. �In determining the questions which I regard as material at this stage of the case, it is not necessary for me to consider and decide many of the intervening points presented in the arguments. These points may become material if the jury should determine the issues of facts to be submitted in favor of the plaintiffs. I am of opinion that part of the plaintiffs, under the grants set forth in the pleadings, acquired a fee- simple interest in the minerais and metals in the lands described, and also the privilege of using said lands, as far as necessary, for the purposes specified in the grant. In England since the act 8 and 9 Vict., and in this state since the aot of 1715, freehold interests in lands may be conveyed by a simple deed of grant, and it is not necessary to use livery of seizin, or deeds with sufficient consideration to operate under the statute of uses. In this state such grant, duly executed and registered, will be valid, and pass a freehold estate in lands, even without a consideration, if it does not ��� �