Page:Federal Reporter, 1st Series, Volume 6.djvu/663

 KNBTALS U. HTDE. G51 �try the question of title, it could not be tried' elsewhere except by the aliowance and permission of that court. . The lunatic and her committee are both parties to this case; the committee bas defended it on her behalf, 'with the sanction of the state court which appointed him, and they are botb bound by any decree passed herein, and we think the fruits of that deeree should be realized without special difficulty. �In our judgment the complainants have shown themselves to be entitled to the relief prayed for, and we will eign a deeree in proper form establishing their rights, and directing that the fund afifected by the deeree be brought into thie court for the beneut of the parties entitled to it. ���Knevalb V. Hydb. �[Circuit Court, D. Nebraska. , 1881.) �1. ACT OF CONGRBSS, JULY 23, 1866— BoNA FiDK PuRCHASEK. �Under the act of congress of July 23, 1866, the equitable cwnership of the land vested in the St. Joseph & Denrer Qity Railroad Company upon filing the map of the location of the road with the secret^iy of the interior, and a patent thereafter issued by the United States con- ferred no title on a fiona Jide purchaser without notice of the location of the road, �2. RiGHT TO Dkclakb FoBl'BrruitE. �The right to declare a forfeitureof the land for breach of condition by the company, and resume the grant, belongs tp the United States, and cannot be taken advantage of by such purchaser. �In Equity. Demurrer to Original Bill. �In 1866 congress made a grant of land to the state of Ean- sas to aid in the construction of the St. Joseph & Denver City Eailroad, -which road -was to run from Elwood, in Kansas, via Maryville, to a junction -with the Union Pacific Eailroad, or any branch thereof. In pursuance of the terms of the grant the company filed a map of its line with the secretary of the interior on the twenty-eighth of Mareh, lOTO. This map was transmitted to the local land-office at Beatrice, where it was received on the thirteenth of April following. On the elev- ��� �