Page:Federal Reporter, 1st Series, Volume 4.djvu/592

 678 TZDEBAIi BBPOBTEB. �On January 1, 1875, the plaintiff was duly incorporated tinder the laws of Oregon, and on May 31st of the same year had constructed said road, and thereby become entitled under Baid grant to 95,345.12 acres of said public lands, and had received a patent from the United States for 35,553.59 acres thereof, and was entitled to a patent for the remaining 60,791.53 acres as soon as it was conveyed. �On the same date an agreement was made between the plaintiff, sundry persons who were the stockholders of said corporation, and John Miller for the sale and assignment to the latter of ail the stock thereof, and the sale and convey- ance of the land and road aforesaid, whether patented or unpatented, less 7,939.9e acres theretofore sold to settlers thereon, for the consideration of one dollar per acre, to be paid as and when the same was duly asaigned and conveyed as therein provided; and on the same day said stockholders duly transferred the stock of said corporation to T. B, Benchly, in trust for said Miller, as by said agreement was provided, and the plaintiff duly delivered to him the posses- sion of said road, and conveyed to him the lands for which it had then received a patent, less 6,539.94 acres thereof already sold to settlers thereon, and received therefor from said Mil- ler one dollar per acre, or, in the aggregate, $29,013.63. �Before the patents were received for the remainder of the lands Miller became insolvent, and was largely indebted to the defendant and Leland Stanford, G. P. Huntington, and Mark Hopkins for money received of them and not accounted for. �On account of this indebtedness, Miller, on June 21, 1875, conveyed the lands theretofore conveyed to him by the plain- tiff to the defendant and his associates aforesaid, and on August 18th of the same year, jointly with his wife, and in his true name, A. K. Wowiroof, again conveyed the same premises to said defendant and associates ; and in like man- ner, and for the same purpose, conveyed to the same parties the said road; and on July 1, 1875, duly assigned said agree- ment of May 31, 1875, for the sale and purchase of said cor- poration lands to the defendant. ����