Graham

Plaintiff brought suit to quiet title to certain portions of section 36, township 6 north, range 4 west, San Bernardino base and meridian, situated in San Bernardino County. Judgment was rendered for plaintiff and defendant appeals therefrom.

Plaintiff claims title through mesne conveyances from Charles S. McDuffee, patentee from the state of California, under date of April 14, 1890, and also as a redemptioner from a tax sale to the state of California for delinquent taxes for the year 1915; said redemption being made on the seventeenth day of March, 1923. Defendant claims title by virtue of a placer location under date of February 2, 1921.

The chief question involved in the decision of this case is whether the patent to McDuffee is subject to collateral attack. Appellant contends that he is entitled to a reversal of the judgment and an order directing judgment to be entered upon the findings quieting his title to his said placer mining claim. In support of his contention appellant calls attention to the findings of the court and the allegations of the complaint as follows'; Finding II of the court reads: “That on the 3rd day of March, 1853, and continuously ever since and on…