Kendall

On June 1, 1915, a patent was issued to defendant for the land in controversy—a parcel containing almost 160 acres. According to the plat of the resurvey of certain lands in the Imperial Valley filed in the Los Angeles land office February 23, 1909, the land in controversy is the SB.. 14 of the NW. 14 and the NB 14 of the SW. % and lots 8 and 12 of section 7, township 16 south, range 16 east, San Bernardino base and meridian. Claiming that the patent was mistakenly issued to defendant by reason of certain alleged erroneous legal conclusions on the part of the land department, plaintiff brought this action to charge defendant as trustee of the legal title for his benefit. Judgment passed for plaintiff, and defendant appeals.

The patent was issued under, and each party bases his claim to the land upon, what is known as the “Desert Land Act,” approved March 3, 1877 (19 Stats, at Large, p. 377 [U. S. Comp. Stats., secs. 4674-4676]), as amended by the acts of March 3, 1891 (26 Stats, at Large, p. 1096 [TJ. S. Comp. Stats., secs. 4677-4680]), and March 28', 1908 (35 Stats, at Large, p. 52 [U. S. Comp. Stats., secs. 4681-4683]). The original act of 1877, as amended by the act of 1891,…