Melville Fuller

“ It is rarely that things are wholly void and without force and effect as to all persons and for all purposes, and incapable of being made otherwise. Things are voidable which are valid and effectual until they are avoided by some act; while things are often said to be void which are without validity until confirmed. 8 Bac. Abr. 'Void and Voidable'; Ewell v. Daggs, 108 U.S. 143, 2 Sup. Ct. 408; Ex parte Lange, 18 Wall. 163; State v. Richmond, 6 Fost. (N. H.) 232; Anderson v. Roberts, 18 Johns. 515; Pearsoll v. Chapin, 44 Pa. St. 9.
As against Brott, the certification had no operative effect. ”

“ Brandon, supra, it was held that when a pre-emptor has the right to make entry, and applies to the local land officers, and they refuse to recognize his right, it will be deemed to date from the time of his application, and this notwithstanding he proceeds to obtain title in some other way. The conclusion follows that Brott's pre-emption claim must be regarded as having attached prior to the definite location, December 30, 1857, and that the title did not pass under the congressional grant to the state. ”