UNITED STATES", ST. PAUL " S. C. R. CO.
this case. The decree below must be reversed, and the cause remanded, with directions to enter a decree for the relief prayed in the bill; and it is so ordered.
UNITED STATES v. ST. PAUL & S. 0. It. CO. et aL ;Clrcult Court of Appeals, EIghth OIrcult. May 6, l895.) No. 565·PUBLIC LANDS-RAILWA.Y GRANTS PURCHASERS. ERRONEOUS CERTIlI'ICA.TIOX -
A bona fide purchaser of lands erroneously certIfied to a state under a 11tllroad grant has a good defense against a suIt brought by the United States under the act of March 3, 1887 (24 Stat. 556), to cancel the certificatIon and restore the tItle to the government. U. S. v. Winona & St. P. R. Co. (No. 564) 67 Fed. 948, followed.
Appeal from the Circuit Court of the United States for the District of Minnesota. Robert G. Evans, for the United States. Thomas Wilson (Lloyd W. Bowers, on the brief), for appellees. Before CALDWELL, SANBORN, and THAYER, Circuit Judges. SANBORN, Circuit Judge. This is an appeal from a decree dismissing a bill brought by the appellant, the United States, under the act of March 3, 1887 (24 Stat. 556), to restore to the United States the title to 80 acres of land which at the commencement of the suit was held by the appellee Alfred J. Mohler. The land in controversy is within the place limits of the grant by the act of March 3, 1857 (11 Stat 195), to the territory and state of Minnesota to aid in the confltruction of the railroad of the appellee the St. Paul & Sioux City Railroad Company. At the time of the definite location of the line of the railroad opposite this land, in 1858, pre-emption rights had attached to it. Notwithstanding that fact, the secretary of the inter'ior, on August 26, 1864, certified it to the state of Minnesota as a part of the lands granted by the act of March 3, 1857, to aid in the construction of the railroad of the St. Paul & Sioux City Railroad Company. On January 4, 1868, the state conveyed it to the railroad company. By five mesne conveyances the title of the railroad company to this land was transmitted to the appellee Mohler. His immediate grantor conveyed it to him on May 19, 1891, by a warranty deed with full covenants. He then paid $2,900 for it in money and property, and had no notice of any defects in his title until the subpoena was served upon him in this suit, long after he had purchased and completed his payment for the land. The decree below must be affirmed, with costs, because the appellee Mohler was at the time of the commencement of this action the hOlder oHlIe lEigal title to th,is land, and he was a bona fide purchaser -of inor: without I;lotice of any defects in his title. The reasons f>or this conclusion are stated at length in U. S. v.Winona & St. P. R. Co. (No. 564) 67 Fed. 948.
UNITED ST.A.'tiJS v. UNION PAC. RY. CO. et aI.
(Circuit Court of Appeals, Eighth' Circuit. May 6,' 1895.) No. 495
PUBLIC LANDS-RAILWAY GRANTS-BoNA FIPE PURCHASERS.
A bona "fide purchaser of the title 01'11. land-grant railroad company to lands patented to it by wlstake, and which were from the grant by reason or prior pre-emption claims, that were subsequently canceled, has superior equities, constituting a good defense to a suit brought by the United States under the act of March 3, 1887, to set aside the patent and restore the title to the government. U. S. v. Winona & St. P. R. Co. (No. 564) 67 Fed. 948, followed. 61 Fed. 143, afilrmed.
Appeal from the Circuit Court of the United States for the District of Kansas. ' , '
This Is an appeltl. from a decree which dismissed a billexhiblted by the appellant, the United States, under the act of March 3, 1887 (24 Stat. 55H), aside a patent of ,160 ,acres of land Issued on 10, 1874, to the Kansas Pacific Railroad Oompany, under the act of July 1, 1862 (12 Stat. c. 120, §§ 3, 9, pp. 489, 492, 494), and the acts amendatory thereof, and to restore to the United States the' title under iliat patent, which at the commence;ment 9f thll:\suit wa!! beld by the appellee William IfoarC!- The original grant was made to the Leavenworth, Pawnee & Western Railroad Company of Kansas. The name of that company was subsequently changed to the Union Pacific Railway Company, Eastern Division; then to the Kansas Pacific Railroad Company; and that company was afterwards consolidated with the appellee the Union Pacific Railway Company, which has succeeded to all the rights this' railroad company acqUired under any of ,Its names. In all particularS essential to the determination of this ,case We terms of thill grant were the same as those of the grant considered in the case of U. S. v. Winona & St. P. R. Co. (No. 5(4) 67 Fed. IH8. 11 Stat. 195. But ilie act of JUly'1', 1862, authodzed the president of the United States to issue a pateiltfor the lands within the grant opposite the constructed'roadwhenever 40 consecutive miles of it had ,been completed. On May 8, 1867, the railroad company filed its map of the definite location of its line of railroad opposite the land here in This land was part of an· odd section within the place llmits of the grant. At the time of the definite location of the line of the road, opposIte this land a declaratory statement had' been filed upon it under the pre-emption laws. This filing was canceled by the proper officer of the land office on October 3, 187L On September 29, 1871, one J. G. Mohler made a homestead entry upon said tract of land, which was canceled on September 9, 1873.· On July 28, 1885, Mohler applied to the proper officer of the land office for the reinstatement of his homestead entry. His application was rejected, and he made application to purchase the land under section 2 of the act of June 15, 1880, but this application was rejected. On March 11, 1873, the Kansas PacIfic Railroad Company conveye!1 thil;l land by warranty deed to one Powers. On September a, 1875, Powers conveyed by llke deed to one Berg. On April 22, 1881, Berg, by like deed, conveyed to one Whitman. On July 28, 1883, Whitman conveyed by like deed to one Quinn. On SeptemUer 1, 1885, Quinn conveyed the land to the appellee William Hoard. The patent to the Kansas Pacific Railroad Company and the deeds which conveyed the title under that patent to Quinn were duly recorded In the office of the county where the land Is situated, and an abstract of title, which dlsclMed this complete chain of title, was furnished to Hoatd before be purchased. There was a one-story bOllsel a barn, and a stable upon the, land, and 110 Rel'eS of It were under cultiVation when lIoard made the pur<;hase, He bought the land of Quinn, who was then In possession Of, It, In 1885, a,ndpald him $5,000 for It.. a:e has since lived upon and cuitivated'itas a farm. 'B:e'had no notIce of any defects in the title or of any claim or any one but Quinn to any Interest in the land until after he had purchased and paid for it.