Bistline

On April 10, 1911, the Attorney General of the United States filed a bill in equity in the United States Circuit Court for the District of Idaho for the cancellation of a patent issued by the United States to the defendant herein on June 30, 1906, covering certain public lands of the United States situate in the state of Idaho. To the bill the defendant' made answer on May 2, 1911. On September 17, 1913, the government filed a replication, and on the same date, upon motion of the United States attorney, a decree was entered dismissing the suit.

On the day of the dismissal of the suit in equity the .United States attorney commenced the present action at law against the defendant for the recovery of the sum of $8,000 as damages for the alleged false and fraudulent acquisition and sale by the defendant of the lands granted to him under the patent of Juné 30, 1906, being the same patent which was sought to be canceled by the bill in equity. The de-, fendant demurred to the complaint on the ground that the facts therein set forth were not sufficient to constitute a cause of action, and, the demurrer being overruled, he answered the complaint denying the allegations of fraud therein…