Pardee

Action on reference of the surveyor general of the state to determine the right to purchase certain school lands.

The court found that defendant, Mrs. Schanzlin, made application to purchase the land in question on March 2, 1892, and on March 7, 1892, a certificate of purchase was duly issued to her and that within fifty days thereafter as required by the statute, on September 5, 1892, she paid the full purchase price of $800 and $3 fee, and on October 27, 1892, certificate of purchase No. 2081 was duly issued to her, which remains in full force; that by mesne conveyances the defendant company, on March 13, 1902, became the owner of said land and is now entitled to all the rights acquired by the said Schanzlin by virtue of said certificate of purchase; that the land is timbered land and unfit for cultivation; that plaintiff on November 11, 1903, filed his affidavit and application in due form in the office of the surveyor general to purchase said land, and demanded that his affidavit of contest be referred to the proper court for adjudication, which reference was duly made, and on November 17th the action was commenced.

Judgment passed for defendant company, from which plaintiff…