
    J. HENRIETTA HOFFIELD, Executrix of Rudolph Hoffield, v. THE UNITED STATES.
    [36 C. Cls. R., 26; 186 U. S. R., 273.]
    
      On the claimant’’s Appeal.
    
    The entrymen of certain public land convey their title to a coal company. The tract of land, with other property, is sold under an execution „ against the company to the claimant. Subsequently the entry is canceled by the Land Office because of defects in the affidavits furnished by the entrymen. The purchaser brings suit to recover back the money paid by the entrymen.
    The court below decides;
    1. The Act June 16, 1880 (21 Stat. L., p. 287, sec. 2), provides that in case of conflict, or where from any cause an entry has been erroneously allowed or can not be confirmed, the Secretary of the Interior shall repay to the person who made such entry, or to his heirs or assigns, the amount of the purchase money, etc. The right tO' reimbursement under the statute is confined to those persons, viz, the person who made the entry or his heirs or assigns. It does not extend to a purchaser at a judicial sale.
    2. The doctrine of caveat emptor applies to a judicial sale; the purchaser buys without the rights and benefits of covenants of warranty which might inure to an ordinary purchaser. (See the same case,. JJOSt.)
    The decision of the court below is affirmed on the same grounds.
   Mr. Justice Brown

delivered the opinion of the Supreme Court June 2, 1902.  