MR. JUSTICE PITNEY delivered the opinion of the court.
This was a suit by the United States to annul a patent issued June 24, 1907, to the St. Paul, Minneapolis & Manitoba Railway Company (referred to below as the Manitoba Company), for certain lands in the State of Montana, upon the ground of fraud and mistake — fraud on the part of the agents of the company in representing that the land was non-mineral in character, and mistake on the part of the officers...
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