Nuttall

— A contest arose in the office of the surveyor-general as to which one of the parties hereto had the better right to purchase the land in controversy, and on March 28,1888, an order was made referring the contest to the superior court of the county of Tulare for a final determination of the conflicting claims. That court found that the land in controversy was, on September 28, 1850, and ever since has been, swamp and overflowed land, and, as such, became the property of the state, by virtue of the act of Congress passed September 28, 1850; that the land was segregated and set apart to the state of California on October 14, 1884, and on December 1st, following, a certified copy of the township plat, duly approved, was filed with the register of the state land-office; that on December 31, 1883, the defendant Lovejoy filed an affidavit and application in due form for the purchase of the land, in the office of the surveyor-general, which application was approved by said surveyor-general on October 15, 1885; that on December 9,1885, the register of the state land-office issued and delivered to defendant Lovejoy a certificate of purchase in due form, and said certificate has never been…