Risdon
Risdon v. Steyner
Opinion
Lead Opinion
Burnett, J.
On March 29, 1906, the surveyor general of California, as such and as ex officio register of the state land office, made an order referring to the superior court of Shasta county the question which had arisen in his office as to which of the persons, the plaintiff, Buth C. Eisdon, or the defendant, George W. Steyner, was entitled to purchase of the state of California the southeast quarter of section seven, the northeast quarter of section eighteen, and the north half of section seventeen, township 34 north, range 2 east, M. D. M. The said Euth C. Eisdon, on March 24, 1906, had filed with the surveyor general her application to purchase said land with a protest against the issuance of any further evidence of title to the said George W. Steyner, who had filed his application to purchase the same as state school lands on January 21, 1889. Within the sixty days from the making of said order, as prescribed by law, plaintiff instituted in the superior court of the said county of Shasta an action against the defendant to have it determined who was entitled to a patent to said land from the state. The said W. I. Terry, by permission of the court, filed an answer and complaint in…