Page:United States Reports, Volume 209.djvu/475

 209 U.S. Opinion of the Court. Mr. Arch B. Eldridge, Mr. Moses Hooper and Mr. John H. Gof] for appellee. MR. Jus?cr HOLMES delivered the opinion of the court. This is a bill in equity brought by the United States to re- move a cloud from its alleged title to two islands, numbered One and Two, in the Sault Ste. Marie, between Lake Huron and Lake Superior. The islands are in the rapids of the river or strait, on the American side of the Canada boundary linc and near to a strip of shore lying between the rapids and the United States ship canal referred to in United States v. Michi- gan, 190 U.S. 379. The defendant claims this strip and the islands under a patent from the United States, dated Decem- ber 15, 1883, describing the land as bounded by the river St. Mary on the east, north and west. The United States says that the patent was void because the land had been reserved for public purposes, and that even if it was valid the islands did not pass. The defendant replies that the land was not reserved, and also sets up the statute of limitations. Act of March 3, 1891, c. 561, � 26 Star. 1099. The Circuit Court dismissed the bill, and its decree was affirmed by the Circuit Court of Appeals 152 Fed. Rep. 25. There is force in the contention of the United States that the land was reserved and that it had not been surveyed, but we find it unnecessary to state or pass upon the arguments, because we are of opinion that now the patent must be as- VII. Statute of limitation not applicable. VIII. Estoppel. IX. Lachea The appendix contained: A. Extract from the report of the Commis- sioners under the treaty of Ghent; B. Diplomatic correspondence preceding the treaty of 1842; C. Extract from Article II of the treaty of 1842; D. Corm- spondence regarding the restoration of certain lands embraced in the tem- porary reservation of April 3, 1847; E. Commissions and correspondence showing the relation of special ceunsel to this esze; F. Extract from lettar o! the Secretary of State to Lord Azhburton, dated July 27, 1842. Them were also a number of maps.

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