Stephen Johnson Field

“ It is not enough, however, that fraud and imposition have been practiced upon the department, or that false testimony or fraudulent documents have been presented; it must appear that they affected its determination, which, otherwise, would have been in favor of the plaintiff. He must in all cases show that but for the error or fraud, or imposition of which he complains, he would be entitled to the patent; it is not enough to show that is should not have been issued to the patentee. ”

“ But the court held that, assuming the contract to be a corrupt one, forbidden by morality and public policy, the objection to a recovery could not be obviated or waived by any system of pleading, or even by the express stipulation of the parties ”

“ After the entry he resided upon the land only occasionally, offering as an excuse that the health of his wife required him to remain at 'their home in Kent county.' At the outset he employed his son-in-law, Shaeffer, and family, to go upon the land and remain there in his employ until his wife's health should so improve as to admit of his leaving her or taking her with him in his personal settlement upon the land. ”

“ It is for the party whose rights are alleged to have been disregarded that relief is sought, not for the government, which can file its own bill when it desires the cancellation of a patent unadvisedly or wrongfully issued. ”

“ And in his examination in this case he admits, while denying that he testified as stated before the register, that he voted in Kent county a year after he had made his entry; and his direct testimony that he intended the land for Shaeffer could not be more persuasive of the fact than his conduct subsequent to the entry. To allow the conclusions of the secretary of the interior on questions of fact to be subjected to review by the courts in cases of this kind would open the door to endless litigation. ”