Henry Billings Brown

“ Assuming that Nolan and Heckenlively were bona fide purchasers in good faith from the government, which, indeed, is a part of the finding, there is nothing to indicate that they had ever made payment to the United States for the lands, or ever applied to do so; nor does a patent ever appear to have been issued to them. ”

“ A party cannot rest forever on such a right, but is required by the statute, before asserting it against innocent third parties, to take some steps to perfect it. The litigation seems to turn really upon the respective rights of the parties to the waters of San Dimas creek, and as defendant's predecessors first appropriated them, and the plaintiff shows no superior title, it cannot prevail against the ranch company. ”

“ Hence, on February 28, 1887, when the Southern Pacific company contracted to sell these lands to Nolan and Heckenlively, it had really nothing to sell, and no interest in the land that could pass under that agreement. ”