McFaul

Respondent Pfankuch, on January 6, 1882, applied to purchase certain school lands from the state. His application was approved March 15, 1883, and on August 28, 1883, a certificate of purchase was issued to him. On August 7, 1891, appellant Woodward applied to purchase the same lauds, and on October 5, 1891, appellant McFaul also applied to purchase said lands. Protests were filed by McFaul and Woodward, respectively, against the right of Pfankuch to purchase, and the surveyor-general referred the contests to the superior court of Mendocino County, and McFaul, in proper time, filed his complaint to determine the rights of the several parties to purchase. Woodward answered, and filed a cross-complaint against all the other parties. Reid and wife and Pfankuch demurred to McFauVs complaint and Woodward’s cross-complaintS The demurrers were sustained, and judgment entered dismissing the said complaint and cross-complaint.

The Reids are alleged to have or claim some interest as assignees or purchasers from Pfankuch. The demurrers allege insufficiency of facts and the several statutes of limitation.

It is contended by respondents that McFaul and Woodward are not in privity with the…