Coffin

A proceeding was brought in the superior court for a writ of mandate to compel the respondent to file an application presented by appellant for the purchase of certain school lands. It appears, -as stated by respondent,, that in the year 1889 a similar application was made by oneBillington, who paid twenty per cent of the purchase price- and received a certificate of purchase. He assigned his certificate to George R. Fletcher. The latter permitted the taxes, to become delinquent and his interest was sold through a. tax sale. Thereafter a deed was made to the state; and pursuant to the provisions of section 3785 of the Political Code,, the deed' was forwarded to the surveyor general. According to said section the lands thereupon again became subject to entry and sale, subject to the provisions of section 3788 of said Political Code. On June 8, 1908, William R. Mawer applied for the same lands, and, under the provisions of said section 3788, he paid into the treasury a sum equal to the delinquent taxes, etc., which existed .at the time of the sale-to the state. The application of Mawer was subsequently canceled by the surveyor general for the reason that Mawer failed to furnish the…