Supreme Court Reporter 23

Cover Supreme Court Reporter 23
Supreme Court Reporter 23
United States. Supreme Court
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The findings show that at the time of the execution of the contract ''said tract of land was not in the bona fide occupation of any adverse claimant under the pre-emp- tion or homestead laws of the United States, and the same had not been settled upon at the date of such purchase, or on the 3a day of March, 18E7, or subsequent to De- cember 1, 1882, by any person claiming to enter the same under the settlement laws of the United States." That neither the grantees nor their assigns ever settled ...upon the land, cultivated or fenced it, although Heckenlively did, shortly after the pur- chase, enter upon the land and begin tha construction of a ditch and tunnel thereon.
Subsequently the land passed by interme- diate conveyances to the plaintiff. Mani- festly, however, there was a clear failure of title on the part of the plaintiff to main-jj tain this action. The Southern Pacific had 8 no title to convey, and, beyond this, then^ii * no finding that the contract was assigned by indorsement or with the written consent of the railroad company, or that there was any promise on the part of the assignatt to 49§ 2S SUPREME GOUBT REPORTER.


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