Page:Federal Reporter, 1st Series, Volume 9.djvu/743

 728 FEDERAL REPORTER. �located and held as aforesaid. The bill then alleges a combination and fraudaient conspiracy between no less than three well-known deputies in the surveyor general's office, the United States surveyor general himself, the commissioner of the general land-office at Wash- ington, and a participation therein by a large number of well-known and prominent citizens and officers, some residing at Washington and in the eastern states, of national reputation, for the purpose of fraud- ulently locating said grant upon lands beyond the exterior limits of the original grant in order to secure said tin mines ; that notice was published, but not for the full time, and thereupon parties in interest other than complainant's grantor filed protests on various grounds, and among them on the ground that the location is not within the grant, and was made without regard to the decree, juridical possession, es- pediente, or the actual possession and occupation by the said Maria ; that these objections were overruled by a deputy surveyor general, and the plat reported without the objections to the commissioner of the general land-office; that the commissioner of the general land-office, upon a promise or conveyanoe of an interest in the grant if he would approve the plat and conceal the facts from the secretary of the in- terior and the president, did so approve the plat, conceal the facts, and recommend a patent, which was thereupon issued; that the de- fendant corporation was afterwarda organized and the land conveyed to it on consideration of the stock issued to the parties in interest — the said several conspirators — and other parties, with full knowledge of the frauda alleged; that the said land so patented includes the said several tin mines so located and worked by complainant's grantors; that complainant "never knew or heard of the various actings and doings hereinbefore" » * * and in "this bill set forth, or any of them, until within two years last past;" that by reason of the pat- ent to said Maria, complainant's grantor was prevented from apply- ing and did not apply for a patent to said several tin mines, he be- lieving the said patent to be paramount, and not knowing the said alleged fraudulent acts set out; that complainant has not applied for a patent for similar reasons, he supposing the title in defendant under said patent to be paramount till within three years last past, and not knowing the contrary till within two years last past. �The bill further alleges all these fraudulent acts set out tt» have been performed with the knowledge of defendant and of the said Maria, the grantee and patentee ; but alleges no active participation on the part of said Maria, the patentee. Complainant asks that said ��� �