Melville Fuller

“ The proviso is that the title shall not be subject to alienation in the various ways described, and shall be and remain inalienable, for a period of five years from the date of the patent. Possibly the language is susceptible of being construed to mean that the land should be inalienable on the day of the issue of the patent, and for five years after that date, two periods of time; but we are of opinion that the more natural and the true construction is that only one period is referred to, and that the day the patent issued should not be excluded. ”

“ Every case must depend on its own circumstances. Where the construction of the language of a statute is doubtful, courts will always prefer that which will confirm, rather than destroy, any bona fide transaction or title. ”

“ While it is desirable that there should be a fixed and certain rule upon this subject, it must be conceded that the rule which excludes the terminus a quo is not absolute, but that it may be included when necessary to give effect to the obvious intention. ”