Henry Billings Brown

“ It is equally clear that the mere fact that an act of Congress or a patent of the United States appears in a chain of title does not constitute such a right, title, or immunity as gives the Federal court jurisdiction, unless such title involves the construction of the act, or the determination of the rights of the party under it. ”

“ Had the decision of the supreme court been adverse to the plaintiffs, who claimed title under the swamp land act, it is possible that a writ of error might have lain from this court, but we have frequently held that to sustain such writ, the decision must be adverse to a right claimed under an act of Congress, or to the exercise of an authority granted by the United States. ”

“ Motion is made to dismiss this case upon the ground that no Federal question is involved; or if there be such question, that there was another nonfederal question, the decision of which was sufficient to sustain the judgment, irrespective of what the decision of the supreme court may have been upon such Federal question. ”