McLaughlin

Plaintiff and defendant Woolley each made application in due form to the surveyor-general of the state to purchase a certain piece of swamp and overflowed land. Upon application of the plaintiff the surveyor-general referred the contest to the superior court of Del Norte County for trial and determination. Upon trial in that court the case was decided in favor of the plaintiff and the defendant appeals from the judgment.

It was the defendant’s contention in the court below and is here that plaintiff’s cause of action is barred by the provisions found in section 3443 of the Political Code, providing that the contestant must bring his action within thirty days after the date of the order of reference made by the surveyor-general.

The record shows without dispute that plaintiff brought his action in the superior court of Del Norte County within sixty but more than thirty days from the date of the order of reference made by the surveyor-general. Hence, if the provisions of section 3443 of the Political Code control, the contention of defendant is correct and plaintiff brought his action too late, otherwise not.

The complaint alleges (par. X) : “That plaintiff on or about the 18th…