Perri

This action is based upon an order of reference made by the surveyor-general of the state referring to the superior court of Kern County a contest concerning the right to purchase certain swamp and overflowed land.

It is averred in the complaint, in general terms, that the defendant, Beaumont, filed with the surveyor-general, in 1873, his application to purchase the land in controversy, and that in 1874 a certificate of purchase was issued to him thereon, and that at the time of filing said application the land had not been surveyed or segregated as swamp and overflowed land. ’ The complaint further alleges that plaintiff, in the year 1888, filed in the office of the surveyor-general of the state his application to purchase said land, and at the same time filed a protest against the issuance of any further evidence of title based upon defendant’s application and certificate of purchase. The complaint also alleges that at the date of his application the plaintiff was, and still is, an actual settler on the land applied for, and has valuable improvements thereon, and that he possesses all the personal qualifications to entitle him to purchase the said land. It is not averred,…