US SUPREME COURT DECISIONS

Land, part of an odd-numbered section within the primary limits, but covered by a valid preemption filing at the date of the definite location of the right of way, was excepted from the grant made to the Denver Pacific Railway & Telegraph Company by the Act of July 1, 1862, c. 120, 12 Stat. 489, and March 3, 1869, c. 127, 15 Stat. 324. Kansas Pacific Ry. Co. v. Dunmeyer, 113 U. S. 629.

Upon the facts as found, held that one who under a deed of the Denver Pacific Railway & Telegraph Company and through mesne conveyances chanrobles.com-red

Page 246 U. S. 70

came into and retained possession of a parcel of land which, because of a preemption filing, was excepted from the grant made to that company (supra), was in a position to acquire full title by purchase under the Adjustment Act of March 3, 1887, c. 376, 24 Stat. 556, § 5, and the regulations of the Land Department relative thereto.

One who purchases under a receiver's receipt, issued upon a soldiers' additional homestead entry, land which is in the actual possession of another claiming from another source under recorded deeds, is constructively notified by such possession and records of that other's claim and of that other's rights as so revealed, and also, through the receiver's receipt, of the origin of his own title and therein of the fact that it was procured by means of affidavits falsely stating that the land was unoccupied, unimproved, and unappropriated.

The defense of bona fide purchase is affirmative; the burden of establishing it rests upon the party who makes it in a suit by the United States to cancel a patent for fraud.

228 F. 97 affirmed.

The case is stated in the opinion. chanrobles.com-red

Page 246 U. S. 73