Mahlon Pitney

“ Rep. 438, where the findings of the special master who heard the testimony were set aside by the circuit court, and the conclusions of that court were concurred in by the circuit court of appeals, we deemed the case a proper one for applying the general rule. ”

“ The trial court found that Landis made the homestead entry at appellant's instigation and for his benefit; that the evidence on which the register and receiver allowed the commutation entry included sworn statements by Landis and two witnesses to the effect that the claimant had lived continuously on the land and made improvements, including a corral and chicken house, and that he had cultivated 3 acres for three seasons ”

“ Landis made a homestead entry in November, 1899, under § 2289 of the Revised Statutes as amended by act of March 3, 1891 (26 Stat. at L. 1098, chap. 561, U.S.C.omp. Stat. 1901, p. 1388) ; in November, 1902, he commuted the entry and purchased the land under § 2301 (U.S.C.omp. Stat. 1901, p. 1406) , as amended by the same act; and in July, 1903, he received a patent. Upon the day on which he made the commutation entry he gave a mortgage upon the land to appellant, and from that date ceased to live upon it, and as soon as the patent was issued he made the conveyance to appellant. ”