26 F. 206 | U.S. Circuit Court for the District of Colorado | 1886
My opinion in this ease will be brief, because the character of the questions and the amount in controversy give, in addition to statements of counsel, assurance that the case will be taken to the supreme court for final decision. The pertinent facts for any opinion I express are these: Under the act of congress of date June 8, 1872, entitled “An act to amend ‘An act relating to soldiers’ and sailors’ homesteads,’ ” Lucy Phillips and Hattie Phillips, minor children of William Phillips, deceased, were entitled to locate and enter 80 acres of public lands as an additional homestead. They resided in Minnesota, and their guardian sold this right, and received full pay therefor. Plaintiff claims under location and title made in pursuance of this sale. After the sale of this right, and the location and entry, (which was in the names of the minors,) defendant acquired his deed and title from them.'
There are really but two questions in the case: First, was this right to locate and enter, personal property? Second, was it assignable ? Eor that the guardian, under the laws of Minnesota, could, without any order of court, sell personal property belonging to his ward,.is conceded. That he did sell this right, and did receive the stipulated price, is beyond doubt. If the title once passed from the minors to Talbot, that is the end of the matter. Any wrong in the location and entry, if wrong there was, was one which only the government could challenge; and could not be made by a private individual, even the minors themselves, the basis of attacking complainant’s title.
I see no satisfactory reason to the contrary. Hence I answer the two questions in the affirmative. Decree will be entered in favor of the complainant.