
    ALLEN et ux. v. UNITED STATES.
    (Circuit Court of Appeals, Ninth Circuit.
    February 3, 1913.)
    No. 2,146.
    Appeal from the District Court of the United States for the Northern Division of the Eastern District of Washington;
    Frank H. Rudkin, Judge. B. C. Mosby, of Spokane, Wash., for appellants.
    Oscar Cain, U. S. Atty., and E. C. MacDonald. Asst. U. S. Atty., both of Spokane, Wash.
    Before GILBERT, ROSS, and MORROW, Circuit Judges.
   ROSS, Circuit Judge.

The government was awarded judgment by the court below in this suit, which was brought for the annulment of a patent theretofore issued by it to the appellant Charles F. Allen for a quarter section of land under the act of Congress known as the Timber and Stone Act (Act June 3, 1878, c. 151, 20 Stat. 89 [U. S. Comp. St. 1901, p. 1545]); the ground of the suit being the alleged fraud of the patentee in the procurement of the patent. We think it clear from a perusal of the evidence that .we would not be justified in reversing the judgment appealed from. The judgment is affirmed.  