Rosenberg

The action was brought in the superior court of Monterey County, under sections 3414 and 3415 of the Political Code, to determine the title of certain lands in said county. Defendant had judgment, from which plaintiffs appeal on the judgment-roll.

Plaintiffs claim title to the south half of a certain section 13 and the fractional north half of a certain section 19, while the claim of defendant is to said south half of section 13 and the fractional northwest quarter and the west half of the northeast quarter of said section 19.

The claim of plaintiffs is based upon the following facts: By a certain act of Congress, five hundred thousand acres of land were granted to the state of California and, pursuant to an act of the legislature, approved May 3, 1852 (Stats. 1852, p. 41), land warrants were signed and issued by the Governor of the state, countersigned by the controller, deposited in the office of the state treasurer and thereafter sold. Between ■the second day of July, 1852, and the first day of October, 1853, four of said land warrants were issued and sold to different purchasers, each for the amount of 160 acres, and paid for at the rate of two dollars per acre. On the…