Temple

This action was instituted for the purpose of having two state patents, one for the east half and the other for the west half of a certain sixteenth section of land in San Diego county, vacated and set aside, so far as they affect the south half of the section, upon the ground that they were issued without authority of law, and were void.

The court below found the facts very fully, and gave judgment for the defendants, from which the plaintiffs appeal on the judgment-roll without any statement or bill of exceptions.

. The facts found, so far as they need be noticed, are, in Substance, as follows: Prior to July 28, 1865, the said section was surveyed by authority of the United States, and on that day the township plat, including the same, was on file in the proper United States land office. The whole section was then vacant and unoccupied, and it remained so until some time in the year 1883. On May 10,1869, Henry Schwartz, the relator, who was then qualified to purchase school lands from the state, made application to purchase the south half of the section, and his application was approved by the surveyor general on July 14, 1869. Within fifty days thereafter he paid to the…