Prentice

This was a contest referred to the superior court of Monterey County by the surveyor-general and ex officio register of the state land-office, to determine the respective rights of the parties to purchase certain school lands. Judgment passed for plaintiff, from which, and an order denying a new trial, defendant appeals. The pleadings are conceded to be in proper form and sufficient.

The appellant urges, in support of his appeal, that there is no evidence to sustain the fifth, sixth, and seventh findings, wherein the court, in effect, found that before plaintiff filed his application to purchase the land *572 in dispute, it had been surveyed by the United States surveyor-general for California, who had filed an approved plat of such survey in the United States land-office at San Francisco, the office for the district within which the land lies; and that the register of the United States land-office had accepted the land for and listed and certified it over to the state, in part satisfaction of the grant by the United States to this state of the sixteenth and thirty-sixth sections of each township, for school purposes.

An application to purchase lands of the character in question…