Henry Billings Brown

“ It is true there are cases to the effect that color of title by deed cannot exist as to lands beyond what the deed purports to convey; but where the deed is fairly open to construction as to what it does purport to convey, and at the time it was executed the land was officially surveyed according to the theory of the party claiming under such deed, it is manifest these authorities have no application. ”

“ Rep. 1177. Under the view taken by the court below, that the grant was of only four square leagues of land, it was evidently a mere float, and defendant would have no color of title to any specific land, until the same was designated, and would have no authority to maintain a fence around any part of the tract. ”

“ In that case there was a reservation of lands for a military post, for an Indian agency, and for the erection of a lighthouse, and it was held that the lands so reserved were not subject to entry at the land office. ”

“ A petition to the surveyor general of the territory of Arizona was filed February 28, 1880, by the heirs of Romero for the confirmation of this grant, under an act of congress of July 22, 1854, (10 St. p. 308,) as marked by the survey and monuments. See, also, act of July 15, 1870, (16 St. p. 304.) The surveyor general reported that the grant should be confirmed to the extent of four square leagues, and no more. ”