Joseph McKenna

“ Ankeny paid no attention to the notice, and Clark brought suit for the value of the wheat, and recovered. The case came to this court from the supreme court of the territory. In passing on the case this court said there were three principal matters of contention in the trial court. We are concerned with only one of them, and that is, 'Did Ankeny have a good title to the northeast quarter of section 19, being part and parcel of the lands which he agreed to sell to Clark?' Clark asserted the negative of the question; Ankeny contended for the affirmative, and cited Deseret Salt Co. v. Tarpey. ”

“ They are that 'there be and is hereby granted' to the company every alternate section of the lands. No partial or limited interest is designated, but the lands themselves are granted, as they are described by the sections mentioned. Whatever interest the United States possessed in the lands was covered by those terms, unless they were qualified by subsequent provisions, a position to be presently considered.' Those provisions were considered, and it was determined that they did not qualify the terms of the grant conveying the title, or essentially limit them. ”

“ Rep. 1030, and Nelson v. Northern P. R. Co. 188 U.S. 108, 47 L. ed. 406, 23 Sup. Ct. Rep. 302, are urged to support the contention. A comparison of those cases with Deseret Salt Co. v. Tarpey becomes necessary. ”