United States v. Paiz

STONE, Circuit Judge.

This is an action to cancel the patent, upon a homestead entry, of Eulogio Paiz. The charge was fraud in the final proofs in that there was no actual residence as required by law. The issue and contest at the trial was as to the existence of such necessary residence. For lack of evidence to sustain the bill, it was, after hearing on the merits, dismissed.

To justify a court of equity in annulling such a patent, the evidence of fraud must be “clear, unequivocal and convincing.” Maxwell Land Grant Case, 121 U. S. 325, 381, 7 Sup. Ct. 1015, 30 L. Ed. 949; Colorado Coal Co. v.…