John Catron

“ As the patent to Hughes is a conveyance of the fee, the United States stand divested of the legal title, and therefore cannot fulfil their engagement with Goodbee and his alienees, to whom they stand bound for a legal title, until the grant to Hughes is annulled. ”

“ The bill proceeds on the ground that said patent was fraudulently obtained, being in violation of the rights of Sewall and Hudson, deriving title from John Goodbee, who entered the land as his preemption claim under the act of April 12, 1814, paid the purchase-money, and got a certificate of purchase, in 1822, for 160 acres; but when the public surveys were executed, the legal subdivision was found to contain 15 46/100 acres more, to which Goodbee's right of pre emption also extended. ”

“ All the assignments from Goodbee down to the present owners (Sewall and Hudson) are exhibitedwith the bill, as a part thereof; the first of which is a notarial conveyance from Goodbee to Bush, dated in 1822. It states that the consideration of $2,000 had been paid for the land; and, there being a sugar-plantation on it, we assume its value to be quite equal now. As we are bound by complainant's allegation of value, no controversy can be raised on the fact. ”

“ The United States in selling land, and in all matters of contract, does not assert its sovereignty, but acts as a citizen. 9 Wheat. 907. Constitutional governments cannot pronounce their own deeds void for any cause. 6 Cranch, 132. They are estopped by their deed. 6 Cranch, 137. An innocent purchaser of a government may plead purchase for valuable consideration. 6 Cranch, 135.
It is against public policy, that the land-officers should elect their favorite between two citizens claiming the same land by purchase, and involve the United States as a partisan in the strife. ”

“ It further states, that on or about the 14th of May, 1836, Hughes, who resided near the town of Alexandria, Louisiana, did make an application to the register of the land-office of New Orleans, to enter and purchase the said lot of land at private sale, falsely representing to the register that the said land was then subject to entry and sale, and that he was by the said register permitted to enter the said land, as if the same was liable to private entry ”

“ It is manifest that, if the agents of an individual had been thus imposed on, the conveyance could be set aside because of mistake on part of such agents, and fraud on part of the second purchaser, in order that the first contract could be complied with. ”

“ Therefore, this land was offered for sale on public notice, before Hughes bought it. And the bill shows, and Exhibit D shows, that this pre emption was not paid for till 3d April, 1846, being ten years after Hughes had entered and paid for it. Now, if Goodbee had a pre emption right in 1822 to this tract of land, the act of 1813, § 2, expressly forfeits it, if not entered before offered for sale (2 Land Laws, p. 112, no. 72; Ibid., p. 118, no. 77) . And the price must all have been paid at the time of entry, by act of 24th April, 1820 (2 Land Laws, p. 384, no. 309) . ”

“ Nor is it shown that the matter in issue between the United States and defendants is of value $2,000. And hence the appeal should be dismissed.
Sixth Point. But if this court asserts jurisdiction of the cause, we nevertheless maintain the decree of dismission was right, not only for the causes shown in the points 1, 2, 3, and 4 preceding (which are all involved in the demurrer) , but also that the merits of the case made in the bill are with the demurrant, because no valid right of pre emption is shown in Goodbee to the land patented to Hughes. ”

“ That the case made by the bill shows that Robert Sewall and Franklin Hudson, who are defendants in this bill, are in point of interest the only proper parties to complain against this defendant, and are not properly his co-defendants.
4th. Because, by the case made by the bill, the United States appear to litigate the private rights of one citizen against another citizen, without cause or authority so to do. ”