Joseph McKenna

“ Ward allowed to elapse, under the circumstances shown by the record, precludes her grantees from asserting title to the property against the United States. She had actual knowledge of all that transpired. It is true that at one time she charged Perry and Curtis with fraud to deprive her and her colegatees under her husband's will of their 'rights to participate in the profits of the sale to the United States' of the real property and some other property. In this suit she did not attack Perry's power to convey the property because of her title to it under her community rights. ”

“ Ward, then knowing her interest in the property, was charged to consider whether she would assert it or retain what she had received from Perry as executor. And Perry and the United States were entitled to a timely disavowal, if disavowal she intended to make. He then might have been able to defend against it, and the United States, against the consequence of the disavowal, could have sought indemnity against Perry and Curtis. She must be deemed to have ratified the sale. ”

“ The act of Congress gives jurisdiction to the court of claims to hear the claim, and if it find from the evidence on file and to be 'presented on either side' that the claimants 'acquired a valid title to said real property, as claimed,' it 'shall award the said parties the market value of the undivided one sixth of said property at the time possession was taken of it by the United States.' It will be observed, therefore, that jurisdiction was conferred not to ascertain if Mrs. ”