United States v. Puget Sound Traction, Light & Power Co.

(after stating the facts as above). This action is brought in equity. The bill is grounded in equity. The prayer is for equitable relief, and where it is .for legal relief must be incidental to the equitable relief asserted. This case can only proceed in equity, and as an election on the part of the plaintiff to have the patent and mesne conveyances set aside and for incidental damages, until it is 'transferred to the law side (rule 22, new series) and necessary amendments made to convert it into a legal action for damages. Friederichsen v. Renard, 247 U. S. 210, 38 Sup. Ct. 450, 62 L. Ed.…