by John Marshall Harlan

“ When, therefore, Congress made provision in the 4th section of the act of 1887 for the protection of those who, in good faith, had purchased from any 'grantee company,' to whom lands had been erroneously certified or patented, it could not have intended to refer to purchases made from the railroad company, after that act took effect, of lands originally certified or patented to the state, and not to the railroad company, and the legal title to which was in the United States at the date of the passage of the act. ”

“ In 1885 Sands settled upon it, erected thereon a house, and made improvements with a view of establishing a homestead, in accordance with the laws of the United States. He has continuously since resided upon the land, claiming it as a homestead. Shortly after he settled upon it he made application to enter it as a homestead, but his application was rejected; for what reason rejected, does not appear.
Later, by an act approved March 3d, 1887, Congress provided for the adjustment of land grants made by Congress to aid in the construction of railroads, and for the forfeiture of unearned lands. ”

“ Thereupon the present suit was commenced by Sands, charging that the officers of the General Land Office, proceeding under the decision of the Secretary, were about to issue, or had issued, a patent to the present appellant solely in virtue of her alleged purchase on June 21st, 1887, from the Sioux City & St. ”