Depaoli

This is a companion case to United States v. Garaventa Land & Livestock Co., 9 Cir., 129 F.2d 416 .

Here, as in the case mentioned, the United States sued to recover possession of a tract of land within the Pyramid Lake Indian Reservation following a declaration of forfeiture of an entry made under the Act of June 7, 1924, Chapter 311, 43 Stat. 596 , 25 U.S.C.A. § 421 note. The legal and factual situation is described in the opinion in the Garaventa case, supra, and we will not repeat what was there said. The particular facts relating to the present entry are these:

On March 3, 1925, appellee made entry under the special act by filing his application to purchase, and thereafter made the requisite down payment in the amount of $2,514.82 on the appraised price of $6,068.-03. After receipt of the initial payment the General Land Office, on September 16, 1925, allowed the application. In 1935, as the result of a re-appraisement, the purchase price was reduced and appellee was allowed 30 days to make full payment of the balance of the principal, or to pay the interest only. There was an unavailing appeal to the Secretary for a further re *226 duction in the purchase price. 1 On March…