Saviers

No points or briefs have been filed, and we might affirm the judgment for that reason, without looking into the record. But the respondents having filed a brief, *453 we have examined the record, and we are satisfied that the judgment should be affirmed upon the merits.

The complaint alleges that the plaintiff was in possession of one hundred and forty acres of the public lands of the United States, at the time, not subject to pre-emption under the laws of the. United States; that defendant was desirous of being in a position to pre-empt said land, when it should become subject to pre-emption and entry; that to that end it was agreed between plaintiff and defendant that plaintiff should sell and deliver his said possession to defendant, and defendant should take and hold possession, and as soon as said land should be surveyed and open to pre-emption, should file his declaratory statement, and thereafter, at his own cost and expenses follow up the proceedings as required by the laws of the United States, and procure a patent therefor, and after filing such declaratory statement, execute and deliver to said plaintiff his promissory notes to the amount of one thousand dollars,…