Swift

— This action was brought by the state to cancel certain patents issued for redwood timber-land situated in Humboldt County. After the certificates of purchase were issued to the several entrymen, each respectively conveyed the land included in his certificate to David Evans, who subsequently conveyed to one J. D. Walker, and upon June 16, 1885, Walker conveyed to the defendants H. W. Swift, T. W. Harvey, and Robert J. Walker, as trustees for other persons. It is sought by plaintiff to cancel these patents, upon the grounds that they were procured by fraud and conspiracy practiced by the various parties to these transfers, in connection with other persons, for the benefit of and with the full knowledge and active consent of the defendant the California Redwood Company, a corporation. This corporation answered the complaint, denying the allegations thereof, and disclaiming any interest in the land involved in the litigation, and thereupon the action was dismissed as to such defendant. The defendants Swift, Harvey, and Walker denied the allegations of the complaint as to any fraud or conspiracy, admitted the land was conveyed to them as trustees, and set out that they held it in…