John Catron

“ The opinion of the Chief Justice evidently was, that a patent could not be impeached at law, even for fraud-actual, positive fraud. It has been said, a patent is void and confers no title when it issues for land that has been previously patented to another individual, or granted to him by act of Congress, which is equivalent to a patent. ”

“ One jury might set aside a patent-another jury sustain it; and so, what ought to be the highest evidence of right, is something, or nothing, according to the whim, caprice, intelligence, or ignorance, of the jury. ”

“ That the action of ejectment is founded on the legal title, and the plaintiffs must recover on the strength of their own title; that a patent from the United States is a higher and better legal title, and must prevail, in an action of ejectment, over an entry with the register and receiver or a pre-emption right under the laws of the United States, notwithstanding the State statute may authorize an action of ejectment to be instituted on the latter, and maintained against any person not holding under a superior title. ”

“ If a patent issued, in many cases, after a long contest, and against vehement opposition, as this was issued, is not to import absolute verity at law, the issuing of patents ought to cease altogether, as they would only delude the purchaser; if, indeed, the disappointed contestant, in each case, could, the next day, in effect, take an appeal from a solemn act of Government to a jury, and reinvestigate the whole matter, and have the patent avoided at law. ”

“ Here is a patent from the United States, regularly issued, under the great seal, signed by the President, and having passed through all the formalities requisite to make it the highest and most perfect evidence of title that can possibly exist, under any Government-regular and formal on its face-and the proposition is, that a jury, ignorant of law and legal proceedings composed, it may be, of persons not fit to try a six-bit case-are to pronounce upon its validity, and avoid it, if they please. What they might think to be fraud, might be no fraud at all ”

“ A patent must prevail in a trial at law, unless it is in fact a felo de se-unless it carries on its own face the evidence of a nullity. One perfect on its face is not to be avoided, in a trial at law, by anything short of an elder patent. It is not to be affected by evidence or circumstances which might show that, in a court of equity, the party offering impeaching evidence would probably prevail. ”

“ Although State courts cannot interfere with the primary disposal of the public land, yet, if one obtain a legal title from the United States improperly, and to the prejudice of a prior right, equity will relieve and hold him as a trustee. ”

“ What security would there be in titles, if, in actions at law, juries should undertake to pronounce on the validity of patents-undertake to say whether they rightfully or wrongfully issued-or whether the officers of Government had proceeded according to law, and, if not in a collateral proceeding, a trial at nisi prius, annul the highest and most solemn titles emanating from Government? ”

“ It is only where letters patent are void on their face, as being issued contrary to law, or where the grant is of an estate contrary to law, as against the prohibition of a statute, that it possibly may be held void in a collateral proceeding. ”

“ The fee remains in the United States until the issuing of the patent, and it must be so considered at law, although in equity the holder of the patent certificate of the register is held to be the owner.
Carroll v. Safford, 3 How., 460, 461.
Fraud, which goes to the question, whether the instrument ever had any legal existence, may be admitted in a court of law. But, otherwise, chancery is the proper forum.
Hartshorn v. Day, 19 How., 211, 223.
A patent cannot be collaterally avoided at law, even for fraud. ”

“ The defendant claimed under a patent embracing the lots in controversy, to the reading of which in evidence the plaintiffs objected, on the ground that it was inoperative and void as to the said northwest fractional quarter on which said pre-emption had been established, because said fractional quarter had been previously appropriated to the private use of said Nathan Cloyes, deceased, and that such patent had been issued without authority, in violation and without warrant of law, and for land not subject to be granted or patented ”

“ Rep., 148; Walker's (Miss.) Rep., 97.
3 Cow. Rep., 75; Viner's Abr., Tit. Relation, 290.
Cruise on Real Property, vol. 5, p. 510, et seq.
When the patent was issued, the land had been appropriated, and was not subject to grant; and it ought to have been excluded by the Circuit Court, or the jury instructed to disregard it, as the plaintiffs asked. The act of issuing it was a mere ministerial act, and, as to the rights of the plaintiffs' ancestors, was wholly ineffectual to prejudice them. ”