242 F. 876 | 8th Cir. | 1917
This is a suit commenced August 13, 1909, to set aside a patent to 160 acres of land in Colorado issued to
Counsel for the United States argue that the finding that the Coal Company was a bona fide‘purchaser should be reversed because the burden was on the defendants to prove it, and they have not done so. But the plaintiff proved it and thereby relieved the defendants of that burden. They contend that the company had constructive notice of Miskiel’s alleged fraud because it knew before its purchase that the land was coal land, that opposite the notation of the patent on the abstract, under the word “remarks,” the words “Cash Entry No. 8894, made at the Federal Land Office” appeared, and that this notation was notice to the counsel for the company that this coal land was procured under a non-coal form of entry. Conceding that in 1907 the' land was known by the company to be valuable for coal, the notation on the abstract was neither sufficient to charge the company or its attorney with notice, or with a suspicion, that the land was procured under the homestead law, or that it was obtained by a fraud upon the govern
It is so ordered.