Cragie

This is a suit to secure a decree declaring certain property to be held in trust for the plaintiffs and to compel a conveyance to them of the legal title thereto.

The complaint contains two counts, to both of which a general and a special demurrer was filed. Said demurrers were sustained and judgment entered dismissing the action. This is an appeal from said judgment.

The complaint states that in the year 1852, one Harrison McCharles, a citizen of the United States, over the age of twenty-one years, entered and settled upon and took posses sion of the northwest quarter of the southeast quarter and the northeast quarter of the southeast quarter of section 19, in township 16 north, range 8 east, Mount Diablo base and meridian, lying in Nevada county and embracing about eighty acres of land. Said property is alleged to have been at that time public land of the United States, open to the right of purchase from the general government under the provisions of the pre-emption and homestead laws. It is stated that on the seventh day of May, 1869, said McCharles filed in the United States land office at Sacramento his pre-emption declaratory statement for the purchase of said land. It is…