David Josiah Brewer

“ The plaintiff insists that he entered into possession by virtue of the deed of July 31, 1886; that his actual possession of two lots by virtue of the erection of houses thereon must be taken as constructive possession of the entire block, there being at the time no pretense of any adverse possession ”

“ At the time of the certificate of location and of the deed, the 80-acre tract was covered with a dense growth of timber, and plaintiff, who put up a sawmill near by, proceeded, under contract with Wallace, to cut down the trees, and convert them into lumber at his mill. In this way, block 22 was substantially cleared of standing timber. Prior to February 19, 1889, plaintiff had built two houses on the noth half of the block. These houses were on lots in controversy in this action. There was no fencing around the block, or any part of it. ”

“ On June 5, 1886, it was presented by W. R. Wallace at the local land office at Coeur d'Alene, accompanied by an irrevocable power of attorney to him executed by Walter Bourke and his wife, on February 27, 1883, and was located upon 80 acres within which was the property in dispute. When the location papers were transmitted to the general land office at Washington, it was discovered that Bourke had on October 26, 1870, applied to the department for a duplicate certificate, on a representation that the original had been lost or destroyed ”

“ R. Co. v. Price Co., 133 U.S. 496, 10 Sup. Ct. 341; St. Paul & P. R. Co. v. Northern Pac. R. Co., 139 U.S. 1, 11 Sup. Ct. Salt Co. v. Tarpey, 142 U.S. 241, 12 Sup. Ct. 158.
It is well settled that an action of ejectment cannot be maintained in the courts of the United States on a merely equitable title. See, in addition to Langdon v. Sherwood, supra, Johnson v. Christian, 128 U.S. 374, 382, 9 Sup. Ct. 87, and cases cited.
With reference to the power of the commissioner of the general land office to cancel an erroneous certificate of location issued by local land officers, see Cornelius v. ”