David Josiah Brewer

“ The contention of the appellants is, substantially, that the courts must consider and determine those disputed questions of fact, and exercise a jurisdiction not committed to them, before they restore to the land department the jurisdiction of which it has been wrongfully deprived. But why should the courts be called upon to consider and determine questions of fact, and, after a determination adversely to the patentee, relegate the matter for re-examination and determination in the land department? ”

“ A patent from the United States is a solemn muniment of title, not lightly to be challenged or set aside, and all that has been heretofore said in support of the sanctity of such an instrument we reaffirm. ”

“ Appellants contend that this bill cannot be sustained, because: First, no fraud is proved, or even charged, against the patentee; second, there is no showing that the other applicants for these lands had or have any rights superior to the patentee ”