MR. JUSTICE PECKHAM, after stating the facts, delivered the opinion of the court.
Three assignments of errors, alleged to have been made by the court below, have been filed on the part of the Government, as follows:
"1. In holding that the use appellees had an equitable claim against the appellant which could be enforced by a suit in the name of the nominal appellee.
"2. In holding that section 3426 of the Revised Statutes, as amended in 1879, required...
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