David Josiah Brewer

“ Then, an enormous territory, a sant y population, real estate of comparatively trifling value, sold by the league, and not by the acre; now, a state of large area, it is true, but with a vast and growing population, whose industries have made its real estate of value. Surely a court of equity may look with jealous eye upon the claims of any one to a share in that value, based upon a title acquired a half a century ago, a title which he has ignored all these years, and a value in the accomplishment of which he has had absolutely no part. ”

“ More than 20 years before its commencement, Underwood, under whom plaintiffs principally claim, had positive information as to the wrong which had been done, and the manner in which it was done. All the parties to the original transaction are dead. The property has increased in value, and now these plaintiffs are invoking the aid of a court of equity to disposess those who personally have acted in good faith, who were not parties to, or cognizant of, any wrong, and who have occupied and improved the property in full reliance upon the sufficiency of the title they possessed. ”

“ When it appears that one who now asserts a title to property, arising more than the life-time of a generation ago, has during all these years neglected the property, and made no claim of title thereto, a reasonable presumption is that, whatever may be apparent on the fact of the instrument supposed to create the title, were the full facts known, facts which cannot now be known by reason of the death of the parties to the transaction, it would be disclosed that no title was in fact obtained ”