In Error to the Circuit Court of the United States for the Western Division of the Western District of Washington.

Suit in equity by the United States against the Wilson Coal Company, Watson Allen and Jane Doe Allen, his wife, Helen Pack Wilson, and the Sterling Coal Company. Same against the Wilson Coal Company, Watson Allen and Jane Doe Allen, his wife, Minn Marie Wilson, Virgil R. Wilson and Malvina Benton Wilson, his wife, Helen Pack Wilson, Sterling Coal Company, and Medardo Garcia and Charles McGinni. Decrees for complainant, and defendant Wilson Coal Company brings error.

In February, 1905, the United States brought two suits for the purpose of setting aside and canceling two patents for coal lands, one issued to Helen Pack Wilson and the other two to Virgil R. Wilson. The facts in the case, as stipulated by the parties to the appeal, are substantially the following: In February “and March, 1901, filings were made by Helen Pack Wilson, Katie Roberts Wilson, Minn Marie Wilson, James It. Winston, and Solomon Laurid-sen on certain public coal lands situate in Lewis county, Wash. In making their declaratory statements and in doing the assessment work on said lands, these persons acted in concert for the purpose of acquiring for themselves as an association 1,040 acres of said coal lands. R. A. Wilson was the author of the scheme. Helen Pack Wilson and Minn Marie Wilson were his daughters. Neither R. A. Wilson nor any of his associates had sufficient means to make payment for the land at the Land Office, or to provide for the development work. For that purpose, R. A. Wilson induced P. 0. Richardson to advance $8,300 and organized a company, known as the Sterling Coal Company, in which the title of the coal lands was to vest after issuance of the patents therefor. Helen Pack Wilson and her father defrauded the Sterling Coal Company of all the money in the treasury, and with $3,200 thereof Helen Pack Wilson paid for her coal claim, and the deed which she had previous to her entry executed and delivered conveying the land to the Sterling Coal Company, afterwards coming into her possession, was destroyed. Virgil Wilson was to make an entry on the southwest quarter of section 10, and turn the same over to the Sterling Coal Company or to R. A. Wilson and his associates for a consideration of $500. I-Iis claim was paid for by $3,200 of money which had been so placed in the treasury of the Sterling Coal Company, and on the day of malting his final proof he deeded the property to Minn Marie Wilson. In the meantime the officers of the Sterling Coal Company endeavored to recover the money that had been thus diverted from the treasury, and brought a civil action for that purpose. Patent was issued to Helen Pack Wilson on June 26, 1903, and a patent was issued to Virgil R. Wilson on September 26, 1902. Neither of the patentees ever conveyed to the Sterling Coal Company the title so acquired. On September 15, 1903, the Sterling Coal Company brought a suit in equity against the patentees and the holders thereunder, to obtain a conveyance of the lands to the Sterling Coal Company; but the bill was dismissed for want of equity on the ground that the plaintiff; was party to a fraudulent scheme to obtain land of the United States. The title which Virgil R. Wilson conves^ed' to Minn Marie Wilson thereafter was conveyed to Helen Pack Wilson so that early in the year 1904 title to both claims was vested in her. Upon the issues and the testimony the court found that the patents were obtained as the result of fraudulent conspiracy made and carried out with the intent to evade the provisions of the statutes of the United States and to obtain title to coal lands contrary to law, and ordered that the patents be canceled and set aside.