v0792-121

NO. 2212

IN

^niteb States; Circuit Court

of Appeals

jFor tf)e i^inti) Circuit

ALFRED D. DANIELS

APPELLANT

VS.

FRANK JOHNSTON AND D. W. DINEEN

APPELLEES

prief of Appellees

Upon Appeal from the United States District Court

For the District of Oregon

STATEMENT OF THE CASE

This is a suit for decree declaring the appellee,

Dineen, a trustee holding the legal title to certain real

property described in the complaint in trust for the ap-

pellant. The appellant seeks to have the said appellee

declared a trustee on the ground that the officers of the

Land Department of the United States Government

caused the patent to said land to issue by reason of an

error in law and that the appellant was rightfully en-

titled to have the said patent issue to him instead of

issuing to the patentee. A demurrer was interposed to

the bill of complaint of the appellant in the court below

and was sustained on the ground that, the bill of com-

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