MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.
On June 16, 1880, an act was passed, 21 Stat. 287, c. 244, in section 2 of which is the following clause:
"And in all cases where parties have paid double minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall, in like manner, be repaid to the purchaser thereof, or...
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