Edward Douglass White

“ The selection was subsequently approved and a patent for the lands was issued by the governor of Minnesota, all rights under which became vested in the Northern Pacific Railway Company, the plaintiff in error. That company then commenced this action against Wass and his wife in a court of the state of Minnesota to recover possession of the land and damages for the detention. In the answer, among other things, affirmative relief was prayed against the railway company for the conveyance of the legal title to Wass. ”

“ The register and receiver filed his application, but on the same day rejected it, and refused to receive the fees tendered, basing such refusal and rejection upon the ground that the lands filed for were embraced in the then pending selection. On appeal, the action of the local land office was affirmed by the Commissioner of the General Land Office and by the Secretary of the Interior, respectively. ”