Gertgens v. O'CONNOR

Citations

• 191 U.S. 237
• 24 S. Ct. 94
• 48 L. Ed. 163
• 1903 U.S. LEXIS 1447

Syllabus

<p>The decision of the land department in a contest case is conclusive-in the courts upon all questions of fact. _ . •</p> <p>A patent is a conveyance by the government of the title, and is conclusive in the hands of the patentee as- against every individual-.unable to show . a superior right, legal or equitable.</p> <p>The act of March 3, 1887, 24 Stat. 556, is remedial in its nature and, in addition to directing an adjustment with railroad, companies of their land grants, provided for securing the equitable rights of parties contract-. ing with the companies, and also .those of settlers upon lands within the limits of the grants.</p> <p>The term “bona fide purchaser” found in the act is not used in- its technical sense, but only as requiring good faith in the transactions between the railroad companies and parties contracting with'them in respect to the lands. . .</p> <p>One who for a sufficient consideration has obtained an option from a railroad company, giving him the right to purchase within a specified time a large tract of land, and in reliance upon that option has expended money and labor in securing settlers, may be regarded as a “bona fide purchaser” within the scope of the act and entitled tothepreferential right of purchase given by section 5.</p> <p>While a settler is favored in law, the equities of others must also be considered; and where he places his improvements upon land, with full notice of the superior rights of others thereto,’he is not entitled to be regarded as a bona fide settler either within the letter of the statute or within the reach of any reasonable equities.</p>