Melville Fuller

“ Counsel criticize the opinion of the supreme court of Louisiana, in that it speaks of all the lands as having gone to patent, while it is said in the petition that some of the assignees 'stood upon the certificates.' Whether the language of the petition technically justifies the construction placed upon it by the supreme court of the state is immaterial. ”

“ Certainly, there is no naming of any single tract as covered by certificate alone, and not patented, and if any tract was held under a certificate of location, it was, within the scope of the ruling of the supreme court, not subject to other entry or purchase.
We see no error in the ruling of the Supreme Court, and its judgment is affirmed.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”

“ The patent conveys the legal title to the patentee, and cannot be revoked or set aside, except upon judicial procedings instituted in behalf of the United States. The only remedy of Emblen is by bill in equity to charge Weed with a trust in his favor. ”