Ayers

This is a proceeding in mandamus, instituted in the superior court of the city and county of San Francisco against the respondent in his official capacity as surveyor-general and ex-officio register of the state land-office. The petition for the writ was demurred to by the respondent upon the grounds that the facts stated did not constitute a cause of action, and that the proceeding was barred by the provisions of section 338, subdivision 1, of the Code of Civil Procedure. The demurrer was sustained, and the petitioners declining to amend, judgment was entered for the respondent, from which an appeal has been taken to this court upon the judgment-roll.

The only question discussed in the briefs of counsel for the respective parties is the sufficiency of the pleaded facts to constitute a cause of action. We shall assume therefore that the question of the statute of limitations was not presented in the lower court and that it has been abandoned here.

Generally stated the facts of the case, as revealed by the petition for the writ, are as follows: Oh or about March 22, 1909, the petitioners presented to the respondent for filing and approval their respective applications to purchase…