Stanley Matthews

“ The decree does not operate upon the officers whose action is invoked as necessary to secure the complainant's alleged rights. The process of a court of equity is not appropriate to the exigency, and the circuit court of the United States in Colorado has no jurisdiction, either at law or in equity, over the officers of the land department to compel them to entertain the appeal. Neither is there reason to suppose that the land department will on the basis of such a decree sua sponte proceed with the appeal as pending, or take such action on the application of the complainant. ”

“ But that in this class of cases, as in all others, there exists in the courts of equity the jurisdiction to correct mistakes, to relieve against frauds and impositions, and, in cases where it is clear that those officers have by a mistake of the law given to one man the land which on the undisputed facts belonged to another, to give appropriate relief.' Moore v. ”

“ If any part of this quantity of 22 square leagues should remain unexhausted by the claims of actual settlers holding possession under 'titles or promises to settle' made by Vigil and St. Vrain, and therefore clalled in this record 'derivative claims,' any such surplus was to be located in two equal tracts, each of square form, in any part of the tract covered by the original grant, for the benefit of Vigil and St. ”