“ The government was not called upon to make any adverse showing, no issue was framed, no hearing was had, and no one represented the government save in the sense that the land officers did so. As this court has often held, the finding of the land officers in such a proceeding, although not open to collateral attack, is not conclusive against the government when it sues to cancel the resulting patent upon the ground that it was obtained by means of false and fraudulent proofs. ”

“ This was a suit to cancel four patents issued under the commutation provision of the homestead law, and embracing a full section of land in King county, Washington. The bill charged that the patents were fraudulently procured by falsely representing to the land officers that the lands were agricultural in character, and therefore subject to homestead entry, when in truth they were at the time known to be valuable coal lands, and therefore excepted from the operation of the homestead law. ”

“ The rule is well settled that findings of fact concurred in by two lower courts will not be disturbed by this court unless shown to be clearly erroneous. Stuart v. Haydon, 169 U.S. 1, 14, 42 L. ed. 639, 643, 18 Sup. Ct. Rep. ”