Eltzroth

— This is an action to quiet title to a quarter-section of land in Tulare County. The complaint was filed March 13,1888, and is in the usual form in such cases. Defendant Ryan did not appear. Defendant Wythe appeared, and by his answer denied all the averments of the complaint, and alleged that each of the defendants had a legal title and interest in the land and premises in question.

At the trial the plaintiff was a witness, and. testified that he purchased the quarter-section in controversy from the United States, but that he never received the patent for it, and did not know what became of the original patent. He further testified, on cross-examination, that he lived in Tulare County during the year 1874, and then left, and did not return to the county until March, 1888. He then introduced in evidence the copy of a United States patent, dated April 15, 1875, conveying to him the said quarter-section. Attached to the copy was a certificate of the acting commissioner of the general *138 land-office at Washington, under seal, certifying “that the annexed copy of patent in favor of David Eltzroth, founded on Visalia, California, cash entry No. 2212, is a true and literal…