Peterson

The United States appeals from a decree dismissing its bill of complaint in a suit brought against the ap-pellees to set aside and cancel, on the ground of fraud, a patent issued to Jennie Peterson for 160 acres of land in the state of Montana.

The testimony of Jennie Peterson was, in substance, as follows: She had been working in Montana for the defendant William H. Al-bright before she was of age, and had said that when she got old enough she would like to take up a ranch. Thereafter she returned to reside with her mother in Michigan. While there, in .the spring of 1901, Albright wrote to her and said that he understood that she wanted to come West again, that she was old enough, and could file on a homestead, that he had a piece of land in view, and, if she decided to come West again, to let him know and he would send her a ticket. She answered his letter, and he sent her a ticket, which she used. She left Michigan July 5, 1901, and went to Great Falls. She had written to Albright, telling him about the time she would leave Michigan. He met her in Great Falls, and told her that the papers were ready in Prior’s office. She thereupon filed on her homestead. She had not been on…