by John Marshall Harlan

“ This is true, but it cannot alter the fact that, under the act of Congress, the title remained, in every essential sense, in the United States, until conveyed to the occupant. The United States, as the primary owner of the land, could prescribe the terms upon which it could be disposed of to occupants. A suit against the town site trustees to compel them, without regard to the act of Congress, to convey to one who was not an occupant within the meaning of that act, was a suit to compel them to convey land which really belonged to the United States. ”

“ After the patent has once been issued, the original contest is no longer within the jurisdiction of the Land Department. The patent conveys the legal title to the patentees; and cannot be revoked or set aside, except upon judicial proceedings instituted in behalf of the United States. The only remedy of Emblen is by bill in equity to charge Weed with a trust in his favor. ”

“ Frisbie, 101 U.S. 473, 25 L. ed. 800; St. Louis Smelting & Ref. Co. v. Kemp, 104 U.S. 636, 26 L. ed. 875;Steel v. St. Louis Smelting & Ref. Co. 106 U.S. 447, 27 L. ed. 226, 1 Sup. Ct. Rep. 389; Monroe Cattle Co. v. ”