Joseph P. Bradley, Wirth v. Branson — Opinion of the Court
“ The rule is well settled, by a long course of decisions, that when public lands have been surveyed and placed in the market, or otherwise opened to private acquisition, a person who complies with all the requisites necessary to entitle him to a patent in a particular lot or tract is to be regarded as the equitable owner thereof, and the land is no longer open to location. ”
Joseph P. Bradley, Wirth v. Branson — Opinion of the Court
“ It comes before us now on a different state of facts; the original patent to Giles Egerton, which was not produced on the former trial, being produced on the trial which has taken place since our decision, and purports to be for the southeast quarter of section 18, instead of the northeast quarter in controversy. ”
Joseph P. Bradley, Wirth v. Branson — Opinion of the Court
“ The proper distinctions on the subject are so fully stated in the case of Stark v. Starrs (supra) , Frisbie v. Whitney (9 Wall. 187) , The Yosemite Valley Case (15 id. 77) , Railway Company v. McShane (22 id. 444) , and Shepley et al. v. Cowan et al. (91 U.S. 330) , that it would be supererogation to go over the subject again. ”
