George Shiras, Jr.

“ In such a state of facts the judge must be permitted to decide for himself whether it was improper for him to sit in trial of the suit.
This was a proceeding in equity, whereby Anthony P. Carr sought to have the defendants, who derived their titles to certain lands from Robert E. Sproul, to whom had been granted, in 1875, a patent for said lands, declared trustees for his benefit, on the ground that the patent had been improperly issued, and the substantial question in the case is as to what effect ought to be given to the proceedings and decision of the land office. ”

“ Appellant's first contention is that the tribunal that tried the case between Carr and Sproul was illegal in respect that, instead of the register acting alone, the receiver took part in the hearing and decision. It is provided in section 2297, Rev. St., that proof of abandonment is to be made out to the satisfaction of the register of the land office; and the record discloses that the evidence in the present case, on the question of abandonment, was put in before the register and the receiver, and that the finding was signed by both officers. ”

“ As the contest in that case was about a different piece of land, it is not easy to see what purpose was served by putting the record in evidence, apparently to base thereon a cross-examination of the appellant going to show that his place of residence was not consistent with his claim in this case. ”