UNITED STATES v. PETERSON

No. 21.

34 F.2d 245 (1929)

UNITED STATES v. PETERSON et al.

Circuit Court of Appeals, Tenth Circuit.

August 1, 1929.


Attorney(s) appearing for the Case

Albert D. Walton, U. S. Atty., of Cheyenne, Wyo. (T. Paul Wilcox, Asst. U. S. Atty., of Cheyenne, Wyo., on the brief), for the United States.

William L. Simpson, of Thermopolis, Wyo., and Milward L. Simpson, of Cody, Wyo., for appellees.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges


McDERMOTT, Circuit Judge.

The government sought to cancel final certificate and patents to certain lands in Wyoming, issued to Helen E. Peterson; and to set aside a deed to such lands from the patentee to John W Webster. The trial court dismissed the bill, upon motion of the defendants, at the close of the plaintiff's case, for insufficiency of proof.

The bill of complaint alleged (1) that the defendant Peterson had made a false affidavit as to her actual...

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