Joseph McKenna

“ It is manifest no federal question was passed on by the court. Its decision was put upon an independent ground, involving no federal question, and of itself sufficient to support the judgment. It merely determined the extent of the grant to the state, and, interpreting the contending patents as conveyances, decided that the lands described in that of plaintiff did not embrace the lands in controversy, and that the lands described in that of defendant did embrace them. ”

“ In Paper Co. v. Watson, 173 U.S. 443, 19 Sup. Ct. 456, we had occasion to repeat and affirm the rule announced in Eustis v. Bolles, 150 U.S. 370, 14 Sup. Ct. 131, 'that when we find it unnecessary to decide any federal question, and when the state court has based its decision on a local or state question, our logical course is to dismiss the writ of error.'
The writ of error is dismissed. ”

“ The answer of the other defendant was similar. And further:
'In limine litis, plaintiff's counsel filed an exception and motion to strike out a portion of the defendant's answers on the ground that the official plat of survey of G. F. Connelly, U.S. surveyor, made in 1836, and on which his patent was based, cannot be questioned or impeached by the defendant, and this court is wholly without jurisdiction to determine whether same is r not erroneous, and that the said patent cannot be questioned or impeached by the defendant for fraud or error. ”