Charles Evans Hughes

“ The title purchased must be apparently perfect, good at law, a vested estate in fee-simple. . . . It must be by a regular conveyance; for the purchaser of an equitable title holds it subject to the equities upon it in the hands of the vendor, and has no better standing in a court of equity . ”

“ It was further averred that the Wright-Blodgett Company, the appellant, at the time of its purchase of the respective tracts, had notice through its agents of the fraud which had been perpetrated by the entrymen. The appellant answered in each case, disclaiming all knowledge of the alleged fraud, and setting up that it was a bona fide purchaser for value after the issuance to the entrymen of the final receipts. The cases were separately heard and in each, upon pleadings and proofs, a decree was entered canceling the patent. Upon appeal, the circuit court of appeals affirmed the decrees. ”

“ It is insisted, however, that in the finding as to the standing of the appellant there was involved an erroneous application of the law. In substance, the argument comes to this, that in a suit by the United States to cancel a patent upon the ground of fraud, where the land is held by a grantee of the entrymen, the government must establish that the grantee is not a bona fide purchaser for value ”