Pollard

Section 3414 of the Political Code provides, that when a contest arises before the Surveyor-General, concerning a certificate of purchase, or other evidence of title, involving a question of law, he must make an order referring such contest to the District Court of the county in which the land is situated; and § 3415 of the same Code provides that after such order is made either party may bring an action in the District Court of the county in which the land in question is situated, to determine such conflict. In this case such a contest arose, and an action having been brought by plaintiff in the late District Court of the Seventeenth Judicial District, judgment was rendered in his favor on the 24th day of April, 1878. This appeal is taken from that judgment.

There is no conflict in the evidence, and the facts disclosed by the transcript are as follows: On the 30th of November, 1875, defendant made application in due form of law, for the purchase of the land in controversy; on the 4th day of December, 1875, the Surveyor-General approved said application, and on the 18th of December, of the same year, a certificate of purchase was issued in favor of Putnam, the defendant. On July…