Louis Brandeis

“ McDonald's title was this: (1) A 25-year trust patent dated December 12, 1895, for an Indian allotment issued to Weasel, under section 11 of Act of Congress March 2, 1889, c. 405 (25 Stat. 888, 891) . ”

“ It is an action at law upon an implied promise to return the earnest money, if the vendor fails to furnish Egan a merchantable title. It was admitted that the persons who joined in the deed to Huston were heirs of Weasel and that they were adults. The state court held that, McDonald having shown a deed to Huston approved by the Secretary of the Interior and executed by three persons who declared themselves to be the only heirs, the burden was upon the plaintiff to establish the fact, if it was such, that there were other heirs ”