Bowen

Appeal from a judgment entered in favor of the defendant.

Plaintiff brought this action in equity to secure a decree determining that the respondent, a patentee invested with legal title to certain lands described in the complaint, held such lands and the title thereto in trust for appellant. The cause of action had for its basis the asserted claim that appellant, having first become vested with the right to have patent issued to him covering the lands in controversy, was wrongfully prevented from the enjoyment of that right through erroneous decisions made by officials of the federal Land Department and the confirmatory decision of the - Secretary of the Interior. On April 15, 1903, appellant filed with the district land office his application and affidavit setting forth facts required to be shown in order to perfect a homestead entry. The application was made subject to the provisions of an act of Congress of June 17, 1902 ( 32 Stat. 388 ; Comp. Stats. Supp. 1907, p. 511; [9 Fed. Stats. Ann., pp. 1363-1369; U. S. Comp. Stats., secs. 4700—4708]), relating to reclamation of arid and semiarid lands. On March 20, 1908, respondent herein filed with the register of the land office…