Kingsbury

Plaintiff, being the owner, by assignment, of a certificate of purchase of state school lands, which had been purchased on credit, omitted to pay in advance the annual seven per cent interest due thereon the first day of January, 1910, but on the eighth day of March, 1910, paid to the county treasurer of the proper county the full amount of principal and the interest accrued to the latter date, and, on or about said time, surrendered the certificate and requested the surveyor general to prepare and cause to be issued to plaintiff a patent for said lands, which the surveyor general refused to do, assigning as a reason therefor that the plaintiff did not, on January 1, 1910, pay the year’s interest to January 1, 1911. Upon the filing of a complaint setting forth these facts, an alternative writ of mandate was issued in accordance with the order of the court below. Upon the hearing a general demurrer filed by respondent was sustained and the plaintiff allowed twenty days to amend its complaint. Plaintiff declined to amend and a judgment of dismissal was entered, from which the appeal has been taken.

Section 3494 of the Political Code provides that: ‘‘The unsold portion of the five…