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THE GREEN BAG
Notice.) U. S. S. Ct. — A purchaser of timber lands after receiver's final receipt has issued, is held in United States v. Clark, 26 Supreme Court Reporter, 340, to be entitled to protection under act June 3, 1878, as a bona fide purchaser against the cancellation, for the original frauds of the entrymen, of the patents afterward issued, unless he is shown to have actual knowledge of such fraud. The entrymen conveyed to a person who was an alleged partner in their frauds, and this per son conveyed to Clark, the first conveyance being made before the patents were issued. It was the position of the government that even if Clark did not have actual knowledge of their original frauds, yet inasmuch as he did not purchase on the faith
of the patents, he had no better title than the entrymen would have had if the title had re mained in them, but the court holds that the fact that while Clark had a merely equitable claim against the government, held it subject to any defect which it might have, whether he knew it or not, as generally is the case with regard to as signed contracts not negotiable, was not equiva lent to the actual notice of the defect. In view of the act of March 3, 1891, recognizing the fact that there may be a bona fide purchaser before a patent issues, it was decided that the title when conveyed relates back to the date of the original entries. WITNESSES. (See Evidence.)
