David Josiah Brewer

“ And when its conclusions are in harmony with the general rule of the effect to be given to a patent of the United States, we are not justified in setting aside the judgment upon any presumption of what might have been the testimony upon which the trial court made its findings. ”

“ The supreme court reversed the judgment of the trial court, and, while making no special findings, in its opinion discusses certain matters of evidence, and, after stating that the testimony tends to show that the land was in fact within the limits of the grant, rests its conclusion upon the general proposition that there is no competent proof to impeach the records of the Land Department or overthrow the presumption of validity which attends a patent of the United States. ”

“ It involves the title to lot 3 and the east 1/2 of the southwest 1/4 of section 7, township 1 north, range 17 east of the Willamette meridian. The plaintiff in error claims title as a preemptor; the defendant in error under a patent from the United States. ”