Barnard

This is an action to quiet the title of plaintiff to a quarter section of land, fully described in the complaint and situate in the county of Tulare.

The cause was tried by the court without a jury, written findings filed, upon which plaintiff had judgment, quieting his title as prayed for in his complaint.

Defendant appeals from the judgment, and the case is presented upon the judgment-roll without a statement or bill of exceptions.

The findings show that on the twenty-sixth day of September, 1884, plaintiff entered the land in question under the homestead laws of the United States, at the United States land-office at Visalia, California. On the seventeenth day of November, 1890, plaintiff made the proper proofs under his homestead entry and received from the receiver a receipt in due form, entitling him to a patent for said land, which patent in due form *217 issued to him from the government of the United States February 23, 1892.

' After the issuing to plaintiff of said receipt, viz., after November 17, 1890, but before the patent issued, plaintiff became indebted to M. Schwartz & Son for goods, wares, and merchandise sold and delivered by them to said plaintiff, in the…