Kettenbach

(after stating the facts as above). 1. It is contended by the complainant in this court that the patents described in these three cases should be declared fraudulent and void on the single ground that the evidence establishes the fact that the entry-men applied to purchase the lands described in their entries for the purpose of speculation. Section 2 of the Act of June 3, 1878, does require the entryman to set forth in his sworn statement, among other things:

The definition of the word “speculation” is given by Webster as “the act or practice of buying land, goods, shares, etc., in expectation of selling at a higher price.” It may be conceded that, when the en-trymen made entry of the lands in controversy, it was with the expectation that they would sell them at a higher price; hut we are not required to dispose of these appeals upon these words of the statute.

[1] The cases are not so presented in the bills of complaint and were not so tried in the court below. The charge in the bills of complaint is, in substance, that, at the time the entrymen made application to purchase the lands described in their entries, they had made an agreement with certain persons by which the title…