Cooper

(after stating the facts as above). Three contentions are made on the appeal: First, that the evidence is insufficient to establish fraud on the part of Freeman in procuring the patent from the government; second, that Cooper was an innocent purchaser for value; and, third, that the decree is not within the issues, nor supported by the. pleadings and the evidence.

[1] The evidence very clearly shows that Freeman made no sort of settlement upon the land, nor did he make the improvements thereon claimed, if he made any whatever. Prior to final proof some one had started the building of a house upon the premises, a board structure, with dimensions about 12 feet by 16 feet. Two sides had been put up, with rafters at each end to hold them in place. Further work was done on it, at the instance of Cooper, about the time final proof was made. This was all the improvement of any kind that was ever made upon the premises prior to final proof. There was no plowing or cultivation, nor any fencing. It is unnecessary to pursue the subject further, as it is very apparent that Freeman perpetrated a fraud upon the government in procuring his patent.

[2] As to Cooper, it has been seen that…