Henshall

This action involves conflicting applications to purchase from the state a section of school land in Plumas County, and was brought upon a reference made to the superior court of said county by the surveyor-general of the state under section 3414 of the Political Code.

Upon the trial the superior court found, among other facts not involved on this appeal, that on April 15, 1902, the defendant, Corinne A. Marsh, made and, on April 16, 1902, filed in the land-office of the surveyor-general of the state, an affidavit and application to purchase the land in question, the affidavit, among other things, stating that she was over the age of twenty-one years, a native-born citizen of the United States, and for over fifteen years a resident of the state of California; that she desired to purchase the land described in said affidavit for her own use and benefit, and for the use and benefit of no other person or .persons whomsoever, and that she had made no contract or agreement to sell the same; that said land was not suitable for cultivation and was timbered land.

The court found that these facts, set forth in her affidavit, were true, and particularly that at the time said defendant…