Page:Federal Reporter, 1st Series, Volume 5.djvu/489

 BEBBi V. GINACA. 477 �which purpose the proceeds must be applied after paying purchase money and expenses. Id. § 3863. With these laws in force the plaintief, Berry, in the year 1870, he then being district judge of Humboldt county, entered in conform- ity therewith 640 acres of land in trust for the several use and benefit of the inhabitants of the town of Winnemucca. After a contest with the Central Pacifie Eailroad Company about a part of the land so entered, the plaintiff, about May, 1874, received a patent for 200 acres as trustee for the inhab- itants and occupants thereofy under the law of the Unitçii States above set forth. When the time for payment came, before the patent issued, the plaintifif sought from the inhab- itants of the town the money to pay for the land, but they declined to furnish it. He then, in a conversation with a few of the inhabitants, agreed to furnish the money himself if they, the inhabitants, would allow him to take the vacant and unoccupied lands within the limits of the quarter section, to which they assented. Ginaca, one of the defendants, at that time had a quartz mill on one of the quart.er sections^ and agreed to furnish the money to pay for that quarter section at the land-office, and also to pay the plaintiS as trustee the town-site charges. Ginaca furhished $400 to enter the 160 acres on which his mill stood. Before the patent came Gin- aca became considerably indebted to plaintiff, and asked him to let the $400 go into the general account, promising to pay for the land when the plaintiff should give him title. Six months later the plaintifif, as trustee under the laws afore- said, deeded to Ginaca and Gintz'99 99-100 acres, that be- ing the portion of the quarter section to which there was no other claimant. At this time no purchase money was paid by Ginaca and Gintz, other than the $400 as stated. The value of the land at the town-site rates would be about $30 an acre. �The foregoing is the substance of the plaintiff's own ver- sion of the transaction, (Ginaca being dead, his version of it haa not been obtained;) and it appearing from it that he took the legal title to these lands, as a trustee under the statute, for the use and benefit of those legally entitled as octsupants, ����