People ex rel. Eadie v. Noyo Lumber Co.

Action to cancel a patent issued by the state of California, in 1876, to A. W. Macpherson for certain lands in Mendocino County.

It is alleged in the complaint that the lands in question are agricultural lands which were listed to the state February 15, 1870, in lieu of a section 36, that section then supposed to be within the exterior limits of a reservation, but subsequently ascertained to be excluded therefrom; that said selection was confirmed to the state by the provisions of the act of Congress approved March 1, 1877, entitled, “An act relating to indemnity school selections in the state.of California”; that Macpherson made application September 23, 1868, to the state surveyor-general to purchase the lands in lieu of said school section, and that on March 20, 1870, his application was approved by the surveyor-general, and that thereupon he paid to the county treasurer of Mendocino County twenty per cent of the purchase-money with the first year’s interest on the balance, and received from the register of the said land-office a certificate of purchase thereof; that on the 21st of September, 1876, upon paying the balance of the purchase-money and surrender of said…