Henry Billings Brown

“ It seems, however, that Turner, soon after the making and filing by him of an affidavit of nonpayment by Sawyer of his alleged proportion of his claim for labor, instituted proceedings in the land office at Central City for the purpose of procuring a patent for this lode, to be issued to himself alone, and prosecuted such proceedings so far as to obtain, on April 13, 1886, a 'receiver's receipt,' so called, issued from the land office and delivered to him. ”

“ In this case it was held that where the register and receiver of public lands had been imposed upon by ex parte affidavits, and a patent had been obtained by one having no interest secured to him in virtue of the pre-emption laws, to the destruction of another's right who had a preference of entry, which he preferred and exerted in due form, but which right was defeated by false swearing and fraudulent contrivance brought about by him to whom the patent was awarded, that the jurisdiction of the courts of justice was not ousted by the regulations of the commissioner of the general land office. ”

“ The sheriff's certificate is necessary as written evidence to satisfy the statute of frauds and to identify the holder as the person ultimately entitled to the deed, but it does not pass the title to the land, nor constitute the purchaser the owner thereof. ”