The Imperial press., 1904-08-13

water stock aNpariruaut tN NIf i4tlN other than as shown in au agreement Co sell to Ezra McAllistcr, A cnpy ut which agreement hc ulc~ with thv papcrs iu thc case.
 in his appeal hc states the following errors
 "First. That ii is not ihc fact, as held bv YOU. ihal thc undersigned cue trvmau is cudravoriug to tVrIvCi ut.v to sald land ior ,hc benefit oi onc EgR McAllister
 "~ts-oud. That ii i~ uot the fact, as held lv vou. thai the undersigned cue tr,mau has agreed iu ~Cli sAid land to sand Ezra McAlh~tcr. save as thc uu. dcr~ieut,i cuirymau may first acquire itl, thereto from ihr United States. and uutil lac has SD aclnirri u,lc thereto.
 "Thiri That ii appears from ~1id final prpui. and your ucVislun ihrrcou, that ihc undersigned cn'ryuan made II. l.. r NJ. Hos tor hi- own lvuciii and reclaimed ssid laut Iu accoriaucr uiih ihc law. iu such manner as [" cniiil- him io a patent tor tue same lcfafe making the agreement with thc said NcAllstcr referred ia hy you, aud that heiorc making the -aid agreement with ihc said NcAllisicr the under signed eniryman hal acquired under the law vested right a. saul land aud to patent therefor upon making the final proof which has tccn received uy vou.
 Fourth. That ii appears from sad final proof that under sald agreement with said McAlli>ier, the said McAl lister acquired an interest ln said land, bu, onlv a right oi action against the undersisnei; and that the undersigned made sad final proc! for the benefit O! himself.
 The salient points in the agreement between Ezra McAllisier, party ot tue fir., part, and Willard =. Wilkins, party oi the second part, dated December l8, loG. are a. follows.
 In consideration oi the sum ot g. ,9y0, ,o te raid as follows. S3>l upon the ex- ecutsun uf thus agreement, receipt 3c- knowl,-isel. siSJ ou or before December F 1904: sSD0 on or before December r. leB5. S~D0 on or before December r lpps: SD on or before December r.. 1907. noies being for ihe deferred pavments, and an agreement by the uarty ot the first part tO buy from the second part. the latter agrees to sell 'p ,o the former all his rights. title and interest in and io the land included ln said D. l.. F.. No. Hos; and the party ol the secord part undertook and agreed to make final proof and application for ua,ent. the expense ot sand final proof being proyidesl for in the amount there in agres-1.rapon io be paid by the party oi tIse first part to the party ot the sec ond part. and ii was agreed that when suclr final proof and application shall have been made, sad party of second part shall give 6 good and sufficient deed oi conveyance of the premises to party of firsi part, and that party Of second part should be secured by Q mortgage in the amonnt oi principal and interest then remaining unpaid, and t,lAi party oi first part should de liver to party oi second part, properly endorsed. the l60 share= Of water stock as further collateral security, and II was further agreei that the larty oi the first part should enter into possession after ihe expiration oi the crop lease heretofore mentioned.
 Attorney for appellant makes quite lengthy argument iu favor oi sustaining inc appeal and reier- tO the case of Wheaton ys. Wallace, - l.. D., loo, as sustaining his position. He argue. that appellant made ihe entry in good faith and for his own benefit; that he