“ If the legal propositions involved could be decided in favor of McKnight, that could not overcome the fact that the issuance of the final receipt to the Brick Company on October 23, 1905, was an adjudication not only that the Brick company was entitled to a patent, but that McKnight then had no adverse claim to the land. ”

“ Sixty days' notice must be given in order that all persons having any adverse claim may be heard in opposition to the issue of a patent. That notice is threefold. It must be given by publication in the nearest newspaper, by posting in the Land Office, and by posting on the land itself; and it is provided in the statute that this latter fact may be proved by the affidavit of two persons before an officer residing within the land district (Rev. Stat. § 2335) . All persons having adverse claims under the mining laws may be heard in objection to the issuance of a patent. ”

“ The Brick Company, while insisting that the plaintiff's own evidence proved that the assessment work had in fact been fully performed, relied on the legal effect of the company's application for a patent to the land and the final receipt issued to it by the receiver of the local land office in October, 1905. To this the plaintiff replied that the entry, on which the receipt issued, had been canceled on the ground that the patent proceedings were absolutely void because the statutory affidavit of posting had not been filed. ”