Page:Federal Reporter, 1st Series, Volume 5.djvu/488

 476 jJJSDBBAL BBPORTEB. �« �the plaintiff's vendor's lien; for a sale of the lands, etc. There is nothing in the complaint to indicate that the sale by plaintiff to Ginaca and Gintz was made by liim as town- site trustee, or in any ôther than his individual capacity. Ginaca and Gintz, demurred; the demurrer was overruled, and they assigned to answer in 10 days. Having failed to answer in that time, default was entered against them. �The defendants Friend, Terry, and Doane answered, de- nying any sale from Berry to Ginaca and Gintz, or convey- ance by him otherwise than as a town-site trustee, and set- ting up a purchase by them at sheriff's sale, upon an alleged judgment obtained by them against Ginaca and Gintz by con- fession. �The laws of the United States (Eev. St. § 2387) authorize, in a given case, a county judge to enter at the proper land- office land settled upon and occupied as a town site "in trust for the several use and benefit of the occupants thereof, ac- cording to their respective interests; the execution of which trust, as to the disposai of the lots in such town and the pro- ceeds of the sale thereef," to be regulated by the state legis- lature. �The legislature of Nevada, after providing a mode of ascer- taining the interests of the respective occupants, has required the trustee to convey, by a good deed, any parcel of the land to the person entitled, acoording to the right as it existed at the time the entry was made. 2 Comp. Laws Nev, § 3857. �After the patent has issued to the trustee from the United States, he is required to make such deed to the person legally entitled "on payment of his * * * proper and due pro- portion of the purchase money for said land," together with certain other allowances to the trustee for making the deed, acquiring the title, and administering the trust, "and the foregoing charge shall be fuU payment for ail expenses at- tending the execution, except for revenue stamps." Id. § 3862. �Any shares or parcels of the land not legally conveyed within a fixed time are to be sold to the highest bidder for the benefit of the town in the erection of public buildings, to ����