United States v. Colorado Anthracite Co.

Citations

• 225 U.S. 219
• 32 S. Ct. 617
• 56 L. Ed. 1063
• 1912 U.S. LEXIS 2081

Syllabus

<p>An assign within the meaning of § 2 of the act of June 16, 1880, 21 Stat. 287, c. 244, is one who becomes invested with the entryman’s. right in the land through the voluntary act of the latter.</p> <p>While a mere quitclaim deed does not pass after acquired title, the equitable title of one who was also trustee to acquire the title for the grantee will pass by such a deed.</p> <p>Equity usually looks upon that as done which ought to have been done. The act of June 16, 1880, proceeds upon equitable, principles and should be administered accordingly.</p> <p>A remedial statute, such as § 2 of the act.of June 16, 1880, should be interpreted with appropriate regard to the spirit which prompted it; and that act is therefore construed so as to return money erroneously paid for an entry that cannot be confirmed to the party entitled to receive it. ■</p> <p>One for whom an entryman initiates and obtains an allowance for an entry, and to whom the entryman gives a quitclaim deed is an assign within the meaning of § 2 of the act of June 16, 1880, and •entitled to'recover the purchase price if the entry cannot be confirmed, provided the arrangement was not forbidden by law.</p> <p>Under § 2 of the act of June 16, 1880, the assign of an entryman cannot recover the purchase price paid if there was any. fraud practiced by it in connection with the entry; an entry fraudulently obtained is not one erroneously allowed.</p> <p>Under §§ 2347-2352, Rev. Stat., providing for coal-land entries, one . cannot enter for another who has had the full benefit of the law; but, in the absence of evasion of restrictions as to quantity, there is no prohibition, express or implied, against an entry by a qualified person for the benefit of another person fully qualified to make the entry in his, or, if'a corporation, in its, own name.</p> <p>A corporation is an association of persons within the meaning of the coal-land entry provisions of §§ 2347-2352, Rev. Stat.</p> <p>Where it does not appear th