United States v. Anderson

BOURQUIN, District Judge.

In this suit to annul a homestead patent, the charge is that defendant procured the patent by fraud, in that for the required period he did not establish and continuously maintain residence upon the land. The answer denies.

[1] The settled law is that, in a court'of equity, like any other contract, a patent, a solemn grant over the seal of and by the United State's *649and presumptive tHat the patentee performed all conditions precedent to its issuance, cannot be annulled for fraud, unless the evidence is unequivocal, clear, and convincing, in quality and quantity that…