Brett v. Meisterling

Citations

• 117 F. 768
• 1902 U.S. App. LEXIS 5135

Syllabus

<p>1. Land Grants—Location—Conclusiveness.</p> <p>Tbe action of tbe land department in defining the limits of a grant to a railroad company, pursuant to its duty, on the line of tbe road being located, and tbe map showing tbe location being furnished to it, is final, as between persons claiming land within such limits,—one under tbe homestead law, tbe other as purchaser from tbe road.</p> <p>2. Purchasers in Good Faith.</p> <p>The land department cannot be held, as matter of law, to have erred in holding one an innocent purchaser from a railroad company of land within its grant, so as to be entitled to tbe protection of Act Cong. March 3, 1887 (24 Stat. 556), though it failed to entitle itself to the land by completing the road; no one having been in possession when he contracted for the land and received his deed from the company.</p> <p>8. Equity—Amendment of Bill.</p> <p>Bill to quiet title to land, presenting merely the question whether there was error of law in the action of the land department in issuing patent to defendant, may not be amended to present the questions of limitations and estoppel; complainant being in possession, and such matters being available as defenses, in any action defendant may bring for possession, where they can be better heard and disposed of.</p>