Grover

This is a bill by the government te cancel the patent to a parcel of public land. The defendant William Barklage held a mortgage on the premises, executed by Grover, the patentee, after receipt of final certificate, but before patent, and he filed an answer in which- he set up his rights under his mortgage, claiming as an innocent purchaser. He died pending tlie suit and before trial; but the government by bill of revivor brought in those succeeding to his rights, and made them defendants. After the appointment of Barklage’s executors, the latter, who were his devisees as well, made an arrangement with Grover whereby they formally canceled the Barklage mortgage, which was soon to expire, and took a new one in their own names on the same property. The Barklage mortgage was for $2,000, with interest at 8 per cent. The one to the devisees was for a balance of $1,375 still unpaid on the former mortgage, the sum of $276 due on another note of Grover, previously unsecured, and an item for merchandise, making the principal of the second mortgage $1,650, with interest fixed at 7 per cent. This transaction was had before the trial. Thereafter the cause was, by consent of the parties, sent…