Segerstrom

This is an appeal from the judgment on the judgment-roll alone.

The action was -instituted, under section 3495 of the Political Code, for the purpose of determining the conflicting claims of the parties to the right to purchase from the state the lands described in the pleadings.

It appears from the complaint that on the twenty-fifth day of November, 1908, the “defendant filed with the surveyor-general of the state of California her application, numbered 3501, Sacramento Land District, to purchase of said state, under the provisions of sections 3494 and 3495 of the Political Code, the land” described in said complaint. It also likewise appears that on the nineteenth day of March, 1909, the plaintiff filed with said surveyor-general an application to purchase the same land.

Upon the hearing of the contest, the court below found in favor of the defendant upon all the essential issues of fact, and, accordingly, rendered and caused to be entered a judgment establishing defendant’s superior right to purchase the land in dispute.

The single question involved in the attack upon the judgment is based upon the contention that the defendant, in her answer, failed to state facts…