Favot

This appeal is by W. S. Kings-bury alone, is brought up on the judgment-roll and the facts found by the trial court are admitted to be true.

That court found that on June 14, 1880, the plat of survey of section 16 in township 1 south, range 15 east, Tuolumne County, California, containing the premises in controversy was accepted by the department of the interior, and that at that date no mining claims were shown to be in said section, and that same was not returned by the United States deputy mineral surveyor as being mineral in character, and that on said date title to said section and all mineral contained therein vested in the state of California by virtue of a school land grant contained in the act of March 3, 1853, 10 U. S. Stat. 244-246; that on April 1, 1897, an act of the legislature of the state of California was approved, said act being entitled “An act to repeal an act entitled ‘An act regulating the sale of mineral lands belonging to the state’ approved March 28, 1874, and the act amendatory thereof, and to provide for the sale of mineral lands under United States law,” the same being chapter 270, Statutes of 1897, page 438. Sections 2 and 3 of said act read as…