Joseph McKenna

“ Do the facts entitle the defendant in error to the relief which was awarded him by the state courts? It is now too well established to need argument to support, or a citation of authorities, that when a patent is obtained from the United States by fraud, mistake, or imposition the question thence arising becomes one of private right, and the courts in a proper proceeding, and in execution of justice, will devest or control the title thereby acquired, either by compelling a conveyance to the plaintiff, or by quieting his title as against the defendants, and enjoining them from asserting theirs. ”

“ The principles are that, to enable one to attack a patent from the government, he must show that he himself was entitled to it. It is not sufficient for him to show that there may have been error in adjudging the title to the patentee. ”

“ And because of the well-established principle that where an individual in the prosecution of a right has done that which the law requires him to do, and he has failed to attain his right by the misconduct or neglect of a public officer, the law will protect him. ”