United States v. Smith

The United States brought this suit in October, 1924, to cancel a patent issued to Smith, appellee, on January 19, 1922, for a tract of public land in Oregon.

The bill alleged that Smith made entry on June 5, 1901, under the homestead law; that on August 21, 1902, he made final proof and commutation; that on September 19, 1902, the United States issued final certificate to him; that until 1909 the officers of the United States and the President had no knowledge or information of the false and fraudulent character of the testimony and representations made by Smith; that in January, 1922, by compulsion of law, patent was issued. The fraud alleged to have been perpetrated by Smith was in making false proofs of settlement, residence, cultivation, and improvement of the land.

By motion, the defendant questioned the sufficiency of the complaint on the ground that the cause of action appeared to be barred by the statute of limitations, that the plaintiff had been guilty of laches, and that the claim was stale.

In the District Court, Judge Wolverton, in a carefully considered opinion, reached the conclusion with which we are in accord. We therefore append his opinion, and, upon the…