Stanway

concurring:

The deed of Abril to Widney conveys “ all right, title, and claim to said section [section nine] and to the school location on the east half thereof, and certificate of purchase of the same, * * * and also all the estate, right, title, interest, right of school location, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the said premises.” Before the date of this deed—February 3, 1872— the north half of section nine had been located as lieu lands, in the name of Abril; the location had been approved by the proper officers, both of the United States and this State, and he had made payment for the land; but after the date of the deed, the certificate of purchase and patent were issued to him.

The act of April 13, 1859 (Stats. 1859, p. 227), provides that the certificate of purchase or of location, issued in pursuance of the laws of this State, “ shall be deemed prima facie evidence of legal title in the holder of said certificate of purchase or location, or his assigns.” The deed above mentioned transferred to Widney, the grantee, all the right, title and interest in the land which Abril had…