United States v. Newton

(after stating the facts as above). Section 8 of Act March 3, 1891, provides:

“That suits by the United States to vacate and annul any patent heretofore issued shall only be brought within five years from the passage of this act, -and suits to vacate and annul patents hereafter issued shall only be brought within 6 years after the date of the issuance of such patents.”

The title vested and the defendant was entitled to patent two years after the issuance of his final receipt. Payne v. U. S., 255 U. S. 438, 41 Sup. Ct. 368, 65 L. Ed. 720. The mere naked title remained in the government. If the…