Prentice

Ejectment. Complaint in the usual form, all the allegations of which are denied by the answer. The demanded premises were state school lands. Plaintiff relies on a certificate of purchase as establishing his title and right to the possession of said premises. The court found for plaintiff, entered judgment in his favor, and denied defendant’s motion for a new trial. From the judgment and order denying his motion for a new trial, defendant appeals. His contention here is,-that he proved on the trial that the land is suitable for cultivation, and that plaintiff had never been an actual settler on it; and that plaintiff is not a citizen of the United States.

That the plaintiff was never an actual settler on the demanded premises is shown by evidence free from conflict. And by evidence likewise free from conflict it is *106 shown that the defendant was an actual settler on said premises, and that he had applied in the proper mode to purchase the same from the state.

One of the requirements of the code is that any person desiring to purchase any portion not less than the smallest legal subdivision of any of the sixteenth and thirty-sixth sections must make an affidavit, stating…