A patent of the United States is the form of conveyance by which the nation passes its title to the public domain, and is the highest evidence of derivative title known to the law. It is conclusive as against the government, and all persons claiming under junior patents or titles, until set aside or annulled by some competent tribunal. When delivered to and accepted by the grantee it passes the full legal title to the land, and carries with it the presumption that all the prerequisites of law have been complied with. When issued to a confirmee of a prior foreign grant, a patent operates like the deed of any other grantor and passes only such interest as the government possessed. A patent issued on a confirmed foreign grant, is, therefore, in the nature of a conveyance by way of quitclaim.

A purchaser from one holding under a patent is not bound to look beyond the patent to learn if it was properly issued, for the instrument is in itself presumptive evidence that all prior proceedings are legal,29 but every purchaser is presumed to have notice of any defect of title apparent upon its face, and is chargeable with notice of whatever the patent recites.

28 Langdeau vs. Hanes, 21 Wall. (U. S.), 521: Dean vs. Bittner, 77 Mo., 101.

29 Barry vs. Gamble, 8 Mo., 88; Winter vs. Crommelin, 18 How. (U. S.), 87.

It will often happen that a patent has been duly-issued and delivered to the patentee, but through neglect has not been placed on record in the registry of deeds of the county where the land is situate. To remedy the defect of title thus produced, where the original document cannot be found, it is customary to procure an exemplification of the General Land Office record, and this, when recorded, practically takes the place of the original patent.