by John Marshall Harlan

“ Whereupon the United States attorney announced to the court that the facts set forth in the amended and supplemental answers heretofore filed by the claimants in this action, and to which a demurrer had been interposed by the United States and overruled by the court, might be considered by the court and taken as true for the purposes of this trial, as if the said facts had been proved by competent witnesses, but that they were insufficient in law to constitute a defense to this action. ”

“ Subsequently, June 9, 1888, the property was purchased by Wolters, Helm, Austin, and Coffman at a public sale thereof by the assignee of the company, the consideration, $7,700, being paid in cash to the assignee. ”