Wilson v. Elk Coal Co.

(after stating the facts as above). The Land Department of the United States is a special tribunal with judicial functions, having exclusive jurisdiction of issues affecting title to the public lands until patent is issued. Bockfiner v. Foster, 190 U. S. 116, 23 Sup. Ct. 836, 47 L. Ed. 975; Humbird v. Avery, 195 U. S. 480, 25 Sup. Ct. 123, 49 L. Ed. 286; Reed v. St. P. M. & M. Ry. Co. (D. C.) 234 Fed. 123; Gauthier v. Morrison, 62 Wash. 572, 114 Pac. 501. Until the issuance of a patent, inquiry as to equitable rights of *475parties is within the cognizance of the department. Oregon v. Hitchcock,…