Joseph McKenna

“ The contention puts out of view a great deal that is material in the situation. The suit in which the decree was entered was one to determine whether the Canal Company or its grantee, the Keweenaw Association, had derived title from the United States, or whether Donohue had. Vosper was made a party because of the deed from Donohue to him, and the decree quieted title in the Keweenaw Association. ”

“ At the instigation of persons claiming under the Act of 1889, the United States filed a bill against the Canal Company. In that suit the Canal Company filed a cross bill against the claimants under the homestead and pre-emption laws, including Donohue. Vosper was also made a party. The issue in the litigation, therefore, was whether Donohue and the other claimants were bona fide homesteaders or pre-emptors on May 1, 1888. ”

“ December 3, 1896, Michael Donohue delivered to plaintiff a quitclaim deed to the premises, and on April 3, 1908, Vosper quitclaimed an undivided one-eighth interest to defendant Abbott, and on December 18th, following, plaintiff joined with Vosper and Abbott in the execution and delivery of an option for a mining lease of the premises. ”