Stewart

This is an action to quiet the plaintiff's title to a quarter-section of land in Alameda County, the complaint being in the usual form. By his answer the defendant denies that the plaintiff is the owner or entitled to the possession of the land described, or any part thereof, and admits that he, defendant, claims an estate or interest therein. He then, “ as new matter constituting a defense in equity” to the action, alleges that whatever right or title the plaintiff has to the land was obtained under and by mesne conveyances from J. F. Wachter and J. W. Campbell, to whom United States patents for the land — one for the north half and the other for the south half — were issued in 1888; that the said patents were for additional soldiers' homesteads, and, for reasons stated, were issued in vio *272 lation of the laws of the United States, and particularly of section 2306 of the Revised Statutes, and therefore did not pass any title to the patentees. He further alleges that in 1874 he was, and ever since has been, qualified to pre-empt land under the laws of the United States, and that in that year he settled upon the said quarter-section with intent to pre-empt the same; that the…