Appeals from the United States Circuit Court for the District of Oregon.

Bills by the United States of America against G. B. McUeod to cancel certain land patents. From decrees of the United States Circuit Court for the District of Oregon (174 Bed. 508) for plaintiff, defendant appeals.

The bills in these three cases were brought in the Circuit Court of the United States for the District of Oregon in the name of the acting Attorney General of the United States against the defendant to cancel certain patents issued by the United States upon alleged homestead applications and purporting to convey title to certain described public lands of the United States situated in Lane county, Or., on the ground that the said homestead applications were false and forged, and made in the names of fictitious persons; that the patents were issued by the President of the United States to and in tho names of such fictitious persons erroneously and under a mistake of fact, and without knowledge that such applications had been fraudulently made in the name of fictitious persons.

It appears from the evidence, and it is not denied, that the homestead applications were fraudulently made in the names of James E. Warwick, William II. Watkins, and Samuel L. Carson upon false proof of settlement and cultivation under the homestead laws of the United States; that there were no such persons as James E. Warwick, William II. Watkins, and Samuel L. Carson; that there was no settlement, residence upon, or cultivation of any of the lands described in the patents by any person; that the homestead applications and other papers upon which the patents were issued were all fraudulently prepared by Marie L. Ware, the United Slates commissioner residing at Eugene, Or.; that they were so prepared at the request and upon the suggestion and with the assistance of S. A. D. Puter, Horace G. McKinley, and others, parties to a conspiracy to defraud the United States out of the title to such lands; that the manner of carrying out this conspiracy was as follows: The names of Warwick and Watkins were signed to applications, affidavits of pretended settlers, and final proof papers in blank by Puter, and tbe name Carson signed to similar papers by Lawrence Hickey, Puter’s brother-in-law. These homestead applications, affidavits of pretended settlers, and other necessary papers were thereafter filled out by Marie L. Ware. United States commissioner at Eugebe, and, after attaching her jurat thereto, .she forwarded the same to the land office at Roseburg. Or., together with the notice of intention to make final proof before her, giving the names of fictitious persons who would make proof of residence on the bind, and its cultivation, as required by law. These papers were accompanied by tbe necessary fees which were furnished by Puter and his associates, and, the papers being regular and fair upon their face, the register of the land office at Roseburg thereupon directed that notice of intention on the part of the fictitious settlers to make final proof be made as required by law, and at tbe time specified therein the final proof papers were filled out by Marie L. Ware and by tbe other parties to the conspiracy in the names of the fictitious applicants and witnesses, and, after being certified by her, were forwarded to the land office at Roseburg, and by the register and receiver certified to the Land Department at Washington, where patents were issued after due time in the names of the fictitious applicants and settlers. At the time the fraudulent homestead papers were signed the fictitious names of Warwick and Watkins were signed by Puter in deed's in blank, and tbe fictitious name of Carson was signed to a similar instrument by Hickey. After the final certificates had been issued by the land office, these deeds were filled out with a description of the land and the name of Emma L. Watson, also a party to the conspiracy, inserted as grantee. The deeds all purported to have been executed before Puter as a notary public. The land was subsequently conveyed by Watson by deed to P. E. Woodward, who, in turn, conveyed it to the defendant G. B. McLeod, who, it is conceded, was a purchaser in good faith for value, and without notice of the fraud.

The Circuit Court entered a decree adjudging that the patents issued by tbe United States to the patentees were null and void, and ordered that the same be vacated, set aside, and canceled, and that'all deeds and conveyances purporting to convey said lands to tbe defendant and his grantors be declared null and void and of no effect and canceled, and that the United States be declared to be tbe owner in fee simple of said lands, free from tbe claims of all persons whomsoever. The defendant appeals.