Harelson

Mandamus. Plaintiff seeks to have his land situated within the boundaries of defendant district excluded therefrom. To this end he filed his petition in due form with the board of directors of defendant district which was denied. Thereupon he complained to the superior court and prayed for a writ of mandamus to compel the said board to make the necessary order excluding his lands from said district. A general demurrer to the complaint was overruled; defendant answered; the cause was tried and plaintiff had findings and judgment as prayed for. The appeal is from this judgment on the judgment-roll.

At the hearing before the board of directors on said petition there was “filed a protest against the granting of said petition”; witnesses were called and evidence taken and the board of directors made findings and rendered its decision which are made part of the findings of the court and are as follows:

“3. That W. B. Harelson now is and was during all the times mentioned in his petition the owner of the lands hereinbefore described, which said land is entirely surrounded by lands included within the boundaries of the South San Joaquin Irrigation District.

“4. That said South San…