Geer

This was a contest in the superior court of Tulare County as to. the respective rights of the plaintiff and defendant to. purchase a section of swampt land of the state. Judgment passed for the plaintiff, from which the defendant appeals.

The point made for-the-reversal of the judgment is, that the findings of fact do not support it.

The only ground relied upon in the complaint to defeat the defendant’s right to- purchase the land is, that his affidavit filed with the surveyor-general was false, in that it asserted that at the time of making it the defendant knew “ the land applied for and. the exterior bounds thereof,” when he did not so know.

The court found, among other facts necessary to enable the defendant to. recover in, finding 4/that “at the time of making and filing said affidavit and application defendant did not know of any valid claim to said land other than his own; he knew of his own knowledge that there were no settlers thereon, and he did not, and does not now, own swamp and overflowed land which, together with that sought to be purchased by him as aforesaid, exceeded 640 acres.”' But found, in the fifth finding, “that, immediately prior to- the making and…