David Josiah Brewer

“ It may be that surveyor Rice erred in not extending his surveys into this marsh, but his error does not enlarge the title conveyed by the patents to the surveyed fractional sections. The United States sold only the fractional sections, received only pay therefor, an amount fixed by the number of acres conveyed, and one receiving a patent will not ordinarily be heard to insist that by reason of an error on the part of the surveyor more land was bought than was paid for, or than the government was offering for sale. ”

“ St. Paul & P. R. Co. v. Schurmeir, 7 Wall. 272, 19 L. ed. 74; Hardin v. Jordan, 140 U.S. 371, 380, 35 L. ed. 428, 432, 11 Sup. Ct. Rep. 808 and 838; Horne v. Smith, 159 U.S. 40, 40 L. ed. 68, 15 Sup. Ct. Rep. ”