Boggs

This proceeding, involving the question as to the right of defendant to purchase from the state, as swamp and overflowed land, a tract of land containing 159.98 acres, was instituted in the superior court of San Joaquin County, under an order of reference made by the surveyor-general under the provisions of section 3443 of the Political Code, relative to the purchase of swamp and overflowed land, as amended March 2, 1903. Judgment was given decreeing that defendant was not entitled to purchase the land and canceling his certificate of purchase. Defendant appeals from said judgment and from an order denying his motion to vacate the same and enter judgment for him upon the findings, made under sections 663 and 663% of the Code of Civil Procedure. The appeals come before us on the judgment-roll and a bill of exceptions showing the proceedings on the motion to vacate the judgment.

The question presented is as to whether the facts shown by the pleadings and findings are sufficient to support the judgment. The land in question was segregated as swamp and overflowed land by authority of the United States, prior to December, 1879. No application for the purchase thereof other than that…