David Josiah Brewer

“ It does not seem that he could have been mistaken as to the land that he was acquiring from the government, for he must have lived on it five years in order to have perfected his homestead. He could not have been ignorant of the large tract lying east of what was described in the plat of 1845 as 'lot 1.' The official plat at the time of the patent was the plat of the survey of 1875. He was chargeable, as matter of law, with notice of that plat. More than that, as the survey was at his instance, it is a reasonable assumption that he knew in fact what the lines of that survey and plat were. ”

“ No special findings of fact having been made, and the proceedings in the trial court having been approved by the supreme court of the state, without an opinion, we must affirm the judgment if there be evidence sufficient to sustain it, although there may be other testimony of a contradictory nature. It is not our province to weigh conflicting testimony in a case coming to us as this does. ”