Toomey

The only defense interposed by the defendants is based upon the Statute of Limitations.

The patent under which the plaintiff claims was issued in 1871, and the action was commenced in 1872. The circumstance that the survey became final in 1863, under the act of June 14, 1860, is of no moment. (Gardiner v. Miller, 47 Cal. 570 ; Reed v. Ybarra, 50 Cal. 465 .)

Judgment and order denying a new trial affirmed.