United States v. Miller

WOLVERTON, District Judge.

This suit was instituted to set aside a patent conveying a tract of the public lands, on the grounds of fraud practiced upon the general government, inducing its issuance. The patent bears date May 8, 1901. The bill of complaint was filed March 22d previous. A subpoena was issued on the day of the filing of the bill, and was made returnable May 6, 1907. There being no service, an alias subpoena was issued July IGth, and personal service of the same was had on July 31, 1907. The defendant Kribs has interposed a plea of the statute of limitations in bar of the suit,…