
    WILLIAM EDMONSTON v. THE UNITED STATES.
    [Not reported in C. Cls. R., 181 U. S. R., 500.]
    
      On the defendants Appeal.
    
    In 1891, the claimant files a declaration under the preemption laws of his'intention to preempt a' tract of 160 acres. He pays for the land at the rate of $2.50 per acre, without protest or objection. At the time of the payment the act fixing that rate had been repealed and the $1.25 rate reestablished.
    
      The suit is brought to recover back one-half the purchase money. Judgment for the claimant under the decision of this court in Healey’s case (29 C. Gis. R., 115) without an opinion being given.
   The judgment of the court below is reversed upon the ground taken in the dissenting opinion in Healey’s case (29 C. Cls. R., 115), “That where a matter is closed voluntarily without fraud or mistake it must stay closed.” The Supreme Court now holds that “The transaction ivas purely voluntary on the claimant’s part, and while there was a mistake it was mutual and one of law — -a mistake on his part not induced by any attempt to deceive or misrepresentation by the Govern-, ment officials. It is a case of voluntary payment. ”

Mr. Justice Brewer

delivered the opinion of the Supreme Court May 13, 1901.  