William R. Day

“ That under and by virtue of a certain Act of Congress of March 3, 1869, the Denver Pacific Railway & Telegraph Company became the owner of and entitled to all the rights and benefits so granted and conferred by said Act of Congress of July 1, 1862, and said company selected and definitely located its said right of way, on August 20, 1869, and so selecte and definitely located and fixed its said right of way as to bring the lands involved in this suit within the primary limits of said grant. ”

“ If Mrs. Krueger had used these sources of information she would have ascertained that the Moses affidavit wherein it was stated that the lands were not in any manner occupied adversely was untrue, constructively she is held to have knowledge of these facts. Washington Securities Co. v. United States, 234 U.S. 76, 79, 34 Sup. Ct. 725, 58 L. Ed. 1220. And see Dellemand v. Mannon, 4 Colo. App. 262, 264, 35 Pac. 679. The defense of bona fide purchaser is an affirmative one, and the burden was upon Mrs. ”

“ Ct. 1033, 1042 (57 L. Ed. 1427) in which it was said:
'It is a familiar doctrine, universally recognized where laws are in force for the registry or recording of instruments of conveyance, that every purchaser takes his title subject to any defects and infirmities that may be ascertained by reference to his chain of title as spread forth upon the public records. Brush v. Ware, 15 Pet. 93, 111 [10 L. Ed. 672] ; Simmons Creek Coal Co. v. Doran, 142 U.S. 417, 437 [12 Sup. Ct. 239, 35 L. Ed. 1063] ; Northwestern Bank v. Freeman, 171 U.S. 620, 629 [19 Sup. Ct. 36, 43 L. Ed. 307] ; Mitchell v. ”