Opinion of the Court. stances of this transaction as enabled him to know with certainty what his rights were, and to determine what course should be taken to vindicate them. If, as the evidence shows, the real facts were concealed from him by one from whom he had reason to expect a frank disclosure of all the material circumstances as they occurred, he is not, for that reason - no rights of innocent third parties having intervened — to be denied the fullest relief to which according to the principles of equity he is entitled. The plaintiff, in his amended complaint, claims that he paid the original consideration for these lands, and is entitled to a conveyance of them upon his paying to the defendant Patterson such sum as, upon a proper accounting, he ought to pay, Patterson being charged with such sums as he received on account of the premises or the lots into which they were divided by him. We are of opinion that the plaintiff is not entitled to relief to that extent. But he is entitled to a decree setting aside and annulling the deed purporting to have been executed by Patterson to Martin, the deed from Boehme to Patterson, and the deed to Boehme from Patterson and Dickson and their wives, respectively, leaving the title to the premises in question where it was prior to the execution of the last named deed; such decree to be without prejudice to any valid rights acquired by parties who purchased in good faith from Patterson while the fee was in him alone. The cause should be referred to a commissioner for an accounting between Dickson and Patterson in respect of the sums paid by them, respectively, on the original purchase, as evidenced by the deed of June 9, 1885, from Tukey and Keysor and their wives, respectively, to Patterson and Dickson; Dickson in such accounting to have credit for one half of all amounts received by Patterson on the sales by him of any of the lots into which the ten acres were subdivided, and Patterson to have credit for any sums paid by him in discharge of taxes or other charges upon the property. The decree is reversed, and the cause remanded for such further proceedings as are not inconsistent with this opinion. Statement of the Case. UNITED STATES v. FULLER. APPEAL FROM THE COURT OF CLAIMS. No. 805. Submitted January 9, 1896. -Decided January 20, 1896. Mates are petty officers, and as such are entitled to rations or commutation therefor. THIS was a petition for a commutation of rations alleged to be due to claimant as a "mate" in the Navy. The petitioner alleged his appointment as mate on March 4, 1870, and that from March 20, 1888, until August 12, 1891, he was attached to the receiving ship Vermont at the Navy Yard in Brooklyn; that, under sections 1579 and 1585 of the Revised Statutes, he was entitled to rations while so serving, or to the commutation price thereof; but that the same had been refused him, and he therefore prayed judgment in the sum of $380. The Court of Claims found the following facts: 1. The claimant, a mate in the United States Navy, was attached to and served on the United States receiving ship Vermont from March 20, 1888, to August 14, 1891. 2. During his said service he was not allowed a ration nor commutation therefor. 3. Mates have not been regarded as petty officers by the Treasury Department, nor by the Navy Department, prior to the adoption of the Navy Regulations of 1893. 4. From the year 1799 master's mates in the United States Navy were warrant officers, except when acting under temporary and probationary appointments. Warrants were issued to them after at least one year's sea service under a probationary appointment. No such warrants were, however, issued after 1843, and in 1847 a regulation of the Navy Department forbade commanding officers to make such probationary appointments. On October 7, 1863, the Secretary of the Navy issued the following circular: VOL. CLX-38 Opinion of the Court. "Seamen enlisted in the naval service may hereafter, as formerly, be advanced to the rating of master's mate, and such rating may be bestowed by the commander of a squadron, subject to the approval of the Department, or by the commander of a vessel, with the previous sanction of the Department. "Seamen so rated will be entitled to the same pay, rank and privileges as appointed or warranted master's mates, but will not be released by their rating from the obligations of their enlistment, and may be disrated by the order or with the sanction of the Department. They will not, while rated as master's mates, be considered as subject to trial by a summary court-martial, nor be disrated by transfer, as in the case of petty officers. "Seamen rated as master's mates will not be discharged with that rating, and will be considered as disrated to seamen upon the expiration of their enlistment, but upon their immediate reënlistment the rating of master's mate may be considered as renewed. The acceptance of such renewed rating will be considered as a renunciation of any claim to additional pay for reënlistment. All ratings of master's mates made by order of the commander of a squadron, and all such ratings renewed by reënlistment, will be reported to the Department as early as practicable." Upon these facts the court held, as a conclusion of law, that the claimant was entitled to recover the sum of $372.60, for which judgment was entered, and the Government appealed. Mr. Assistant Attorney General Dodge and Mr. Charles C. Binney for appellants. Mr. Robert B. Lines and Mr. John Paul Jones for appellee. MR. JUSTICE BROWN delivered the opinion of the court. Petitioner's claim is based upon the exception contained in Rev. Stat. § 1579, which reads as follows: "No person not Opinion of the Court. actually attached to and doing duty on board a seagoing vessel, except the petty officers, seamen, and ordinary seamen attached to receiving-ships, or to the ordinary of a navy yard, and midshipmen, shall be allowed a ration," which, by § 1585, for the purposes of commutation, is fixed at thirty cents. The personnel of the Navy is divided generally into commissioned officers, non-commissioned or warrant officers, petty officers, and seamen of various grades and denominations. That a mate is not a commissioned officer is entirely clear, and is not disputed by either party. It is equally clear that he is above the grade of seaman, and the real question is whether he is a non-commissioned or warrant officer, a person "temporarily appointed to the duties of a commissioned or warrant officer," or a "petty officer." We think little is to be gained in the solution of this question by a detailed examination of the several acts of Congress and navy regulations which antedate the Revised Statutes. Prior to 1843, "master's mates" were recognized by the law as warrant officers, or as "warranted master's mates," and appear to have been sometimes appointed by the President and sometimes rated (that is, promoted from lower grades) by commanding officers. But shortly after this time they seem to have fallen into disuse, and no further appointments were made, although the grade was not formally abolished, and those who had been previously appointed continued to hold their offices and receive their pay. At the outbreak of the Civil War, however, a great increase in all the naval forces became necessary, and the Secretary of the Navy made temporary appointments of "acting masters ånd master's mates," which were confirmed by act of Congress of July 24, 1861, c. 13, 12 Stat. 272. By act of March 3, 1865, c. 124, 13 Stat. 539, their names were changed to that of "mates," and the Secretary of the Navy was authorized to increase their pay and to rate them from seamen and ordinary seamen who had enlisted in the naval service for not less than two years. By the act of July 15, 1870, c. 294, 16 Stat. 321, 330, they were formally recognized as a part of the naval forces, and their pay was fixed at $900 when at sea, $700 on shore Opinion of the Court. duty, and $500 on leave or waiting orders. These amounts were raised in 1894, 28 Stat. 212. Act of August 1, c. 176. By the Revised Statutes, which were intended to consolidate and codify all the prior enactments upon the subject, the President was authorized to appoint (§ 1405) "as many boatswains, gunners, sailmakers, and carpenters as may, in his opinion, be necessary and proper," who (§ 1406) "shall be known and shall be entered upon the Naval Register as warrant officers in the naval service of the United States," and whose pay was specified in a separate paragraph of § 1556, fixing the pay of the naval forces. By 1408 "mates may be rated, under authority of the Secretary of the Navy, from seamen and ordinary seamen who have enlisted in the naval service for not less than two years." By § 1556 their pay was fixed at the rates provided by the act of July 15, 1870, and by § 1410 "all officers not holding commissions or warrants, or who are not entitled to them, except such as are temporarily appointed to the duties of a commissioned or warrant officer, and except secretaries and clerks, shall be deemed petty officers, and shall be entitled to obedience, in the execution of their offices, from persons of inferior ratings." By § 1569 "the pay to be allowed to petty officers, excepting mates" (whose pay was fixed by § 1556), "and the pay and bounty upon enlistment of seamen, ordinary seamen, firemen, and coalheavers in the naval service, shall be fixed by the President," with the further provision, § 1579, that "no person not actually attached to and doing duty on board a seagoing vessel, except the petty officers, seamen, and ordinary seamen attached to receiving ships, or to the ordinary of a navy-yard, and midshipmen, shall be allowed a ration." From this summary of the Revised Statutes it appears reasonably clear: 1. That boatswains, gunners, sailmakers, and carpenters are warrant officers to be appointed by the President, and that they are the only ones specifically mentioned as such. 2. That mates are officers not holding commissions or warrants, and not entitled to them, but are petty officers pro |