Joseph H. Young, one of the grantees of the United States in the patent of 10th November, 1854, died before the date of the patent. But, by virtue of the act of congress of 20th May, 1836, the title enured to, and became vested in, his heir. — 5 U. S. Statutes at Large, 31; Schedda v. Sawyer, 4 McLean, 181. The only child of Young was, therefore, a proper party plaintiff in this suit, as the owner of the title nominally bestowed by the patent upon her deceased father.
[2.] By the act of congress of 26th August, 1842, “John Pratt, or his legal representative.” was authorized to enter the locus in quo, at the minimum price of public lands, under his preemption claim. — 6 U. S. Statutes at Large, 865. After the passage of this act, the proper departments of the government of the United States, upon the fullest consideration of the question, decided, that Joseph Young was, within the meaning of the act, the “representative ” of John Pratt; and issued a patent for the land to Young, and to Sherman, who derived his claim from Young. Sherman and the heir of Young, joining in this suit to recover, rest their claim of title upon that patent. The defendant assails the patent, upon the ground that Young was not the “representative” of Pratt, within the true meaning and intent of the act of congress; and that the departments of the government of the United States erroneously adjudged the question as to who was Pratt’s representative. In support of the proposition that the patent was erroneously issued, the defendant adduced the same evidence that was before the commis sioiier of the general land-office, and also before the secretary of the interior on the appeal to him, pending the contestation of the light to a patent.
[3.] A patent had been issued, previous to that of the plaintiffs; but, after reaching the local land-office, and before its delivery, was recalled by the commissioner of the general land-office, and, being deemed erroneous, was subsequently canceled. The authority of the commissioner of the general land-office to revoke an erroneously issued patent before its deliveiy, and to correct its error, is maintained, upon reasoning which we deem conclusive, by the supreme court of the United States, in the ease of Bell v. Hearne, 19 Howard, 252. Therefore, the previous issue of a different patent, which before its delivery was recalled, does not impair the validity of the plaintiffs’ title.
Judgment affirmed.