“ It seems superfluous to reason to demonstrate that no equitable right to hold the patentee as a trustee could possibly arise in favor of the plaintiffs in error since the application to enter upon which they rely was in legal contemplation nonexistent, and hence could afford no basis for equitable rights of any character. ”

“ Moreover, as it is not disputable that the Land Department in its final ruling against the contestants placed its action upon the prior cancelation of the homestead entry because of the particular agreement referred to which was the basis of the Barnes contest, it must necessarily result that there is an absence of the essential foundation upon which alone the asserted rights of the plaintiffs in error could possibly rest. ”