Arenas

The appellant, who is an enrolled member of the Agua Caliente Band of Mission Indians of California, brought this suit against the United States and Eleuteria Brown Arenas, seeking a judgment cancelling a patent whereby the United States conveyed in trust to the last named defendant an undivided one-half interest in lands on the reservation of said Band of Indians near Palm Springs, California. The lands in question constituted the allotment of Guadalupe Arenas, wife of appellant, prior to her death in 1937. Appellant also asked that an equitable title to these lands be quieted in him as sole heir of his deceased wife, Guadalupe.

Appellant based his action upon a judgment, affirmed upon appeal here, which he recovered in the same court in an earlier suit against the United States. United States v. Arenas, 9 Cir., 158 F.2d 730 . He says that the subsequent trust patent to Eleuteria Brown Arenas, here called ap-pellee, was repugnant to that judgment and should be cancelled as void.

The former judgment was entered in 1945 in an action which the present appellant had brought pursuant to § 1 of the Act of February 6, 1901, 31 Stat. 760 , 25 U.S.C.A. § 345 . In that action appellant…