Carmichael

The complaint is in the usual form for an action in ejectment. The denials of the answer present a striking illustration of the “negative pregnant,” but they were treated as putting in issue all the material allegations of the complaint. The affirmative averment upon which defendant relied is as follows: “All the land above mentioned was prior to and up to June, 1905, public land of the United States; that on the 10th day of June, 1905, this defendant entered as a homestead said 160 acres of land in the United States Land Office at Stockton, California; that he now holds the Land Office receipt No. 7933, entitling this defendant to the lawful possession and occupancy of the last above-mentioned tract; that he now holds and occupies said premises entered as a homestead under and by virtue of the laws of the United States.”

At the trial defendant admitted that a patent was issued by the state of California on November 9, 1871, to John Wil son. That the plaintiff deraigned title from the said patentee by mesne conveyance. That the patentee and his successors in interest were in the actual and continued possession of said land from November 9, 1871, until the same was sold to…