David Josiah Brewer

“ While according to the construction of the Land Department the grantee of a purchaser from the railroad company is entitled to invoke the protection of this statute, yet it is one who is himself a bona fide purchaser, and not one whose 'purchase was simply for the purpose of acquiring title from the government for the benefit of the foreigner.' It seems to us that the testimony plainly discloses a purely speculative transaction. ”

“ Its intent is to relieve from loss settlers and bona fide purchasers who, through the erroneous or wrongful disposition of the lands in the grants, by the officers of the government, or by the railroads, have lost their rights or acquired equities. . . . The 5th section expressly refers to such lands as had been sold, which had not been conveyed 'to or for the use of such companies.' It is not required that the sale by the railroad companies shall have been made on its part in good faith, but only that the purchaser shall have bought in good faith. ”

“ Another matter worthy of notice, as tending to show a community of interest with the fibre company, is his testimony in respect to the matter of possession. When asked, 'Q. Are you in possession of the same?' he replied, 'A. Well, we are exercising possession; we are keeping other people off of them. ”