Oliver Wendell Holmes, Jr.

“ No distinction is attempted on the ground that the deeds, as well as the bargain, preceded the patents.
We may assume for the purposes of decision, as did the circuit court of appeals, that the original frauds are made out, although there is a great amount of testimony to good faith. But the point of law just stated has been disposed of by the United States v. Detroit Timber & Lumber Co., supra. The United States is attempting to upset a legal title. In order to do that it must charge Clark with notice of the original frauds. ”

“ If, for the purposes of argument, we assume that knowledge of a timber inspector of facts affecting the title, with which he had nothing to do, was chargeable to Clark, still the knowledge is a mere guess. There was nothing present or required to be present on the face of the earth to indicate when the entry took place. We cannot infer fraud merely from more or less familiar relations between some of Clark's agents and Cobban. When suspicion is suggested, it is easily entertained. ”

“ The United States then appealed to this court.
The bill proceeds upon the footing that Clark has the legal title to the lands in question. The entrymen conveyed to one Cobban, the alleged partner in their frauds, and Cobban conveyed to Clark, all by warranty deeds. It is true that they conveyed before the patents issued, shortly after obtaining the receiver's receipt, but it is assumed that the legal title, when created, followed the deeds. We make the same assumption. Landes v. Brant, 10 How. 348, 13 L. ed. 449; Bush v. Person, 18 How. ”