LANDS OPENING TO ENTEY. 95 



Exploration Co., 203 Feci., 387; Linn & Lane Timber Co. v. United 

 States, 196 Fed., 593; id., 203 Fed., 394; id., 236 U. S., 574.) 



Suits must be based on a showing of fraud as distinguished from 

 noncompliance with law, and the evidence of fraud must be clear, 

 unequivocal, and convincing, and not a bare preponderance of evi- 

 dence which leaves the issue in doubt. (United States v. Barber, 194 

 Fed., 24.) 



Despite satisfactory proof of fraud in obtaining the patent, if the 

 legal title has passed, bona fide purchase for value is a perfect de- 

 fense; but it is an affirmative one which the grantee must establish 

 in order to defeat the Government's right to cancel a patent which 

 fraud alone is shown to have induced. (Wright-Blodgett Co. v. 

 United States, 236 U. S., 397.) 



Where the bills to set aside patents for fraud have been filed and 

 subpoenas issued and delivered for service before the statute has 

 run, and reasonable diligence shown in getting service, the running 

 of the statute is interrupted and the rights of the United States 

 against the patents are saved. (Linn & Lane Timber Co. v. United 

 States, 236 U. S., 574.) 



Where a secret transfer of wrongfully held land is made through 

 the medium of a corporation for the purpose of busying the United 

 States with the wrong person until the statute has run, service on 

 the man thus put forward is sufficient to avoid the statute. (Id.) 



While courts of equity have the power to set aside, cancel, or cor- 

 rect patents or other evidences of title obtained from the United 

 States by fraud or mistake, and to correct under proper circum- 

 stances such mistakes, this can only be done on specific averments 

 of the mistake or the fraud, supported by clear and satisfactory 

 proof. (Maxwell Land-Grant case, 121 U. S., 325.) 



In a suit by the United States to cancel a patent of public land 

 the burden of producing the proof and establishing the fraud is on 

 the Government, from which it is not relieved although the proposi- 

 tion which it is bound to establish may be of a negative nature. 

 (Colorado Coal & Iron Co. v. United States, 123 U. S., 307.) 



The presumption of the regularity of all proceedings prior to the 

 issue of a patent for public lands, which is made against collateral 

 attacks by certain parties, does not exist in proceedings where the 

 United States assail the patent for fraud in their officers in its issue, 

 and seek its cancellation. (Moffat v. United States, 112 U. S., 24.) 



The United States does not guarantee the integrity of their officers, 

 nor the validity of the acts of such, and are not bound by their mis- 

 conduct or fraud. (Id.) 



A land patent issued to a fictitious person conveys no title which 

 can be transferred to a person subsequently purchasing in good faith 

 from a supposed owner. (Id.) 



OPENING TO ENTRY RESTORED LANDS. 



Act of September 30, 1913 (38 Stat., 113). 



That hereafter when public lands are excluded from National 

 Forests or released from withdrawals the President may, whenever 

 in his judgment it is proper or necessary, provide for the opening 

 of the lands by settlement in advance of entry, by drawing, or by 



