Cannon

United States v. Cannon

Good Law
157 C.C.A. 198·244 F. 750·1917 U.S. App. LEXIS 2062
United States Court of Appeals for the Ninth CircuitAugust 6, 1917California537 words

Opinion

lead Opinion

Gilbert, J.

The United States brought suit against the appellees to cancel a patent issued to the appellee Cannon on June 26, 1911, for a homestead entry made by Cannon on May 1, 1909, on land which thereafter, on August 5, 1912, Cannon conveyed to the ap-pellee Storey. The complaint alleged that Camion obtained the patent by fraudulent representations made in his final proofs as to his residence on the land and his cultivation thereof, and that Storey purchased with full knowledge of the fraud. The court below, upon the conflicting evidence, found for the appellees, and dismissed'the complaint.

The appellant contends that the court erred in finding that the evidence was insufficient to sustain the allegations of the complaint. We have carefully examined the testimony, which was all taken in open court, and we think the case is clearly one for the application of the rule that the findings of fact of a court of equity will not be disturbed or modified by an appellate court unless an obvious error has intervened in the application of the law, or grave mistake has been made, in the consideration of the facts. The contention of the appellant rests upon certain suspicious circumstances in the…

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