delivered the opinion of the court.
This was an action of ejectment brought by Simmons, the plaintiff in error, against Wagner, the defendant, to recover the possession of the N. E. fr. \ sec. 19, T. 4, N. K. 9 W. of the third principal meridian, Illinois. Simmons claimed title under a patent from the United States, datеd April 25, 1871, granting him the lands as the assignee of one Mecke, who entered them at the land-office Jan. 25, 1871. Wagner claimеd through a purchase made under the old credit system, April *261 17, 1816, by one John Lewis, and a paper bearing date July 8, 1829, which purрorted to be a certificate of full payment of tbe purchase-money in favor of William Russell.
A trial was had to thе court without a jury, and resulted in a judgment for the defendant. There was no special finding of ., facts, but the evidence is set оut in full in a bill of exceptions, which concludes as follows: “ The court found the issue joined for the defendant on the ground thаt the premises in contro,versy, on the issue of the final certificate to William Russell, ceased to be a part оf the public* domain, and were not thereafter subject to entry by individuals or sale by the United States, and to which finding the plaintiff thеn and there excepted.”
To justify this conclusion, the court must have found as a fact that the final certificate in question was a genuine document, and issued by the proper officer in the regular course of his official duty. This finding is conclusive on us, for we have many times decided that a bill of exceptions cannot be used to bring up the evidence for a review of the findings of faet.
The
Abbotsford,
It is well settled that when lands have once bеen sold by the United States and the purchase-money paid, the lands sold are segregated from the public domain, аnd are no longer subject to entry. . A subsequent sale and grant of the same lands to another person would be absolutely null and void so long as the first sale continued in force.
Wirth
v. Branson, 98 id. 118;
Frisbie
v. Whitney,
This leads us to the inquiry whether Lewis and his assigns *262 had, under the facts as found, acquired a vested right in the lands when the entry was made by means of which Simmons got his patent. By the statute under which Lewis made his entry in 1816, it was provided that purchases of public lands might be made on credit, and that when • payment of the purchase-money was completed the register оf the land-office should give “a certificate of the same to the party, and, on producing to the Secretаry of the Treasury the same final certificate, the President of the United States is hereby authorized to grant a patеnt of the lands to the said purchaser, his heirs or assigns.” 2 Stat. 76, sect. 7. It follows, then, that if the final certificate in this case was genuine and valid, as, in effect, it has been found to be, Russell, the assignee of Lewis, had the legal right tts demand from the President a рatent for the lands described. This, certainly, was a complete segregation of the lands in controversy at that dаte. The sale to Mecke and patent thereon to Simmons, more than thirty years afterwards, were null and void, and cоnveyed no title as against Russell and his assigns. It is of no consequence whether the assignees of Russell could get a patent in their own names or not. After the certificate issued the lands were no longer in law a part of the public domаin, and the authority of the officers of the government to grant them other wise, than to him, or some person holding his rights, was gone. The question is not whether Wagner, if he was out of possession, could recover in ejectment upon the certificate, but whether Simmons can recover as against him. He is in a situation to avail himself of the weakness of the title of his аdversary, and need not assert his own. We think it clear, therefore, that the court below was right in giving judgment for defendant on the fаcts found.
Several exceptions were taken, during the progress of the trial, to rulings on the admissibility of evidence. While errors have been formally assigned on all these exceptions, only a few have been insisted on in the argument. Some have been already disposed of, as the objections were made entirely upon the assumption that nothing short of a superior legal title could defeat the patent which Simmons held. There was some evidence to prove the signatures of the register to the final certificate. That was one of the facts in the case, and the genеral *263 finding in favor of tbe validity of the certificate is equivalent to a finding that its due execution had been proved. The quеstion here is not whether the deeds from Lewis to Russell, without the clerk’s certificate as to the official character of the officer before whom the acknowledgment was made, would be sufficient to justify the register of the land-offiсe in issuing his final certificate ; but whether, in thia action, they were admissible without such certificate to prove the fact that an assignment had been actually made. For aught we know, they were properly certified when presented to the register. Copies from the county records were offered in evidence below, and the records were mаde in 1816, long before any action was had by the reg-. istei. It is not claimed that any certificate was necessary to authenticate them for record or to make them admissible.as evidence in the cause.
On the whole, we see no error in the record.
Judgment affirmed.