Smith v. Russell

Some controversy is found in the briefs as to the real nature and character of this suit. By the appellants it is claimed that the action is merely one of trespass vi et armis, and that in such an action the defendants are attempting, without the necessary pleadings and averments, to impeach and cancel the plaintiff’s patent. If this were really the case, we should not hesitate to hold with the numerous authorities cited, that the patent could not be so impeached, and that a patent legally issued by the sovereign power of the Government, and duly recorded, could not be collaterally impeached…