by John Marshall Harlan

“ The plaintiff, Trodick, seeks to obtain a decree adjudging that the title, under the patent, be held in trust for him, his contention being that he is the real, equitable owner of the land by virtue of the homestead laws of the United States, and that no patent therefor could rightfully have been issued to the railroad company. ”

“ According to the provisions of the act of 1864, the railroad company could not acquire any vested interest in the granted lands-even such as were within the primary or place limits-until it made a definite location of its line, evidenced by an accepted map of location; nor would such location be of any avail as to lands, even in place limits, which, at the time of definite location, were occupied by a homestead settler intending, in good faith, to acquire title under the laws of the United States. ”

“ And we think that Congress intended to provide for the protection of the first settler by giving him three months to make his declaration, and for all other settlers by saying, if this is not done within three months, anyone else who has settled on it within that time, or at any time before the first settler makes his declaration, shall have the better right.' See also Lansdale v. ”