David Josiah Brewer

“ Where, prior to the issue of a patent, land in possession of an individual is sought to be charged with state taxes, he may contest in the courts the liability of the land therefor on the ground that full equitable title has not passed to him, or that something yet remains to be done before the rights of the government are ended. ”

“ It is undoubtedly true, as held in those cases and others, that while the Land Department has full jurisdiction over the disposition of public lands,-a jurisdiction which may be exercised until the passing of the legal title by the issue of a patent or otherwise,-yet such jurisdiction cannot be exercised so as to destroy any equitable rights without notice to the claimants thereof. ”

“ It is contended by plaintiff in error that the selection by the railroad company, when approved by the Land Department, operated to convey the title as effectively as would a patent to it therefor; that the even-numbered sections within the place limits, although double minimum lands, were public lands and within the jurisdiction of the Land Department, and that hence the approval of the selection by the Land Department, even if erroneous, operated to vest the title in the company. ”