Oliver Wendell Holmes, Jr.

“ To obtain a patent the claimant must file in the proper land office along with his application 'a plat and field notes of the claim * * * made by or under the direction of the United States Surveyor General, showing accurately the boundaries of the claim * * * which shall be distinctly marked by monuments on the ground.' Waskey v. ”

“ Obviously therefore a patent can convey only the claim as to which notice has been given. A notice of an application for a patent of land determined by monuments cannot give priority to a junior location, such as was that of the Conkling Mining Company, in respect of land outside the monuments, to which adjoining claimants had no notice that the patent would purport to extend.
The final receipt from the local land officer fixed the claimant's rights. El Paso Brick Co. ”

“ It is the reference to natural objects or monuments that is to be incorporated. Before the application is filed notice of it must be posted on the ground. The register subsequently advertises the application in a newspaper, etc., and if no adverse claim is made and the other conditions are complied with the patent is granted. ”