Page:North Dakota Reports (vol. 1).pdf/558



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Question of forfeiture of right of entryman to public lands by agreement to convey can only be raised by the United States. Larison v. Wilbur, 284.

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By silence after notice of insurance agent’s fraud the insured becomes a participant in the fraud. ''Johnson v. Ins. Co., 167''.

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L., a merchant, was embarrassed financially, and was being pressed by his creditors with demands which he was unable to pay. © plaintiffs, among others, were creditors of L., and were urging him to satisfy their claim. Under these circumstances L. executed and delivered to plaintiffs a bill of sale, absolute on its face, and which purported to sell and convey to plaintiffs all the merchandise then in L.’s store, and