Kleinsorge

Action to determine the right to purchase state school land. The tracts involved are: The west % of section 36, township 42 north, range 2 east, Mount Diablo meridian (hereinafter referred to as tract A); west % of east % of said section (referred to hereinafter as tract B); southeast % of section 16, same township and range (hereinafter referred to as tract C). Plaintiff claims all the land; defendant Burgbacher claims tracts B and C; defendant Kahny claims tract A. The court awarded the right to purchase tracts B and C to plaintiff and tract A to defendant Kahny. Plaintiff appeals from the judgment in favor of defendant Kahny awarding him tract A, and defendant Burgbacher appeals from the judgment in favor of plaintiff awarding him tracts B and C.

The pleadings are such as are usual in this class of cases where parties seek to have determined who are entitled to purchase land from the state. No question arises as to the qualifications of the parties to purchase or as to the sufficiency of the pleadings or as to the sufficiency of the applications to purchase filed by the parties to the action. The controversy arises out of the claims made by defendants as assignees of the first…