Page:Federal Reporter, 1st Series, Volume 9.djvu/752

 MANNING V. SAN JACINTO TIN CO. 737 �not include the residence of said Maria, or follow the eapediente, or decree, was upon record in the survey and in the patent, and must have been known to complainant and his grantor ; for it is alleged that the knowledge of the patent, and belief that it was valid, is the reason why they did not apply for patents for their numerous mining claims. It was, therefore, known that the patent covered them ; and it would appear from the allegations of the bill, inferentially, if not by direct averment, that plaintifif's grantor was for years in posses- sion of his numerous mines with that knowledge. Ail these are great, notorious, and public facts actually known to complainant's grantor, and presumptively to all mankind; and they are the fundamental facts of the fraud upon which whatever equity there is in this bill i-ests. They are such facts as must necessarily have put the com- plainant and his grantor upon inquiry, and have long ago led to the discovery of the frauds. They were facts which they were bound to notice, if they did not do so in fact. They furnish a due, which, if fol- lowed with reasonable diligence, would not require 13 years to lead to the fraudulent acts of the parties charged. Even now the frauds are not positively alleged, but are cautiously charged upon informa- tion and belief ; and the defendant is called upon by numerous inter- rogatories to furnish the proof of the frauds alleged, Certainly the known facts were sufficient to arouse suspicion, and enable the com- plainant or his grantor to file a bill of discovery on information and belief long ago. The location of the grant was in the nature of a pro- ceeding in rem, and the party had a right under the statute to file objections, and some actually did, alleging these very frauds now charged. These allegations were, therefore, of public record. Parties cannot disregard known facts that lead to frauds affecting their rights, and, in the language of Mr. Justice Bradley, "then claim ex- emption from the laws that control human affairs, and set up a right to open up all the transactions of the past. The world must move on, and those who claim an interest in persons or things must be charged with knowledge of their status and condition, and of the vicissitudes to which they are subject. This is the foundation of all judicial pro- ceedings in rem." Broderick's Will, 21 Wall. 519. It must not be forgotten not only that the world "moves on," but that in this age and country, and in this part of the country, it moves rapidly. Three years now, and especially in California, is longer, in events and progress, than 20 years some centuries ago, when the statutes of limitation were adopted in England. Parties cannot lie down to sleep upon their v.9,no.l3— 47 ��� �