David Josiah Brewer

“ In other words, the occupation at first was with no thought of a town, but by parties contemplating securing homes under the homestead law. After it had been ascertained that the railroad right of way was 400 feet in width, and in 1893, the settlers were notified by the railroad company of its title. Thereupon some leased from the company while others moved their houses off the company's ground. ”

“ United States Supreme Court
214 U.S. 15
Whitcomb v. White
Argued: April 28, 29, 1909. --- Decided: May 17, 1909
The decision of the Land Department was not rested solely upon the fact that White's formal application was filed a few hours before that of the trustee for the occupants of the town site, but rather chiefly upon the priority of the former's equitable rights. So far as such decision involves questions of fact, it is conclusive upon the courts. Johnson v. Towsley, 13 Wall. 72, 86, 20 L. ed. 485, 487; Shepley v. Cowan, 91 U.S. 330, 340, 23 L. ed. 424, 427; Marquez v. ”