Franklin

This is an action brought under the provisions of section 3414 of the Political Code to determine the rights of the parties hereto growing out of conflicting applications to purchase certain lands of the state of California, alleged herein to be swamp and overflowed lands. The facts related to the controversy are confused and complicated, but in so far as they appear to be necessary to the decision of this appeal they may be thus briefly stated.

On the eleventh day of October, 1872, one Presley A. Dorris made application under the law of 1868 for the purchase of a large body of land, some 5,120 acres, of which the land involved in this action, is a part.

Thereafter, and upon certain proceedings being had, on the fourth day of June, 1874, the register of the state land office issued to Dorris a certificate of purchase for said larger body of land, as swamp and overflowed land. This certificate of purchase was numbered 4,185 and covered this entire area of about 5,120 acres including, as stated, the lands here in question.

The interest of Dorris in this certificate and of any right which might arise under it passed by mesne conveyances to Churchill Company, the defendant herein.…