MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.
The decision of the Land Department was not rested solely upon the fact that White's formal application was filed a few hours before that of the trustee for the occupants of the townsite, but rather chiefly upon the priority of the former's equitable rights. So far as such decision involves questions of fact it is conclusive upon the courts. Johnson v. Towsley,...
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