Cooper

[1] This case differs in no essential feature from the case of the same title ( 220 Fed. 867 , 136 C. C. A. 497 ) which has just been decided by this court, except in the degree of the proof that the appellant purchased the land with knowledge of the homestead entryman’s failure to comply with the law. The trial court found that, for 18 months immediately preceding final proof, the entry-man of the land involved had no house, fence, or other improvements on the land, and did not reside thereon, or cultivate the same, and that finding is fully sustained by the evidence. The court also found that the appellant knew those facts when he purchased the land, that he did not pay a valuable consideration therefor, and was not a bona fide purchaser.

The appellant was the owner of a large tract of land, consisting of some 20,000 acres, surrounding, and some of it adjoining, the land in controversy herein. The homestead entry was made in 1899, and the entryman obtained his final receipt on June 18, 1904. On July 15, 1904, he conveyed the land to the appellant. The entryman was a sheep herder in the appellant’s employment during the years 1902, 1903, and 1904, and during a large part of that…