Dean

On September 23, 1905, the defendant made an application in due form for the purchase of certain lieu land, and thereafter the same was received and filed in the office of the surveyor general, and subsequently—on the thirtieth day of April, 1906—was approved by that officer, and on July 6, 1906, the surveyor general, as register of the state land office, issued to her a certificate of purchase, numbered 5257.

On the fifth day of November, 1906, the plaintiff filed in the office of the surveyor general his application to purchase the same land, and at the same time filed a verified protest against said application of defendant, together with a de mand that the conflicting claims of plaintiff and defendant to purchase said land be referred to the proper court for adjudication. The plaintiff’s application having thereupon been filed and numbered 5437, the surveyor general, as ex-officio register of the state land office, caused to be issued from his office an order of reference, by which the contest was referred to the superior court in and for Lassen county. Within sixty days after the order of reference (Pol. Code, see. 3417), the contestant (plaintiff) filed his complaint in…