McCabe

This action was brought under section 3415 of the Political Code, to determine a conflict before the surveyor general respecting the right to purchase from the state certain swamp and overflowed lands in Lake county. August 1, 1860, certificates of purchase were issued by the registrar of the land-office for different portions of the lands to Isaac P. Rice and James E. Allen, respectively, which, by proper transfer and assignments, were afterwards vested in the defendant Goodwin—the one issued to Allen, September 16, 1862, and the one issued to Rice, April 30, 1869. The full amount of the purchase money and interest thereon for the lands represented by the certificate issued to Rice was paid to the state May 12, 1868, and for those represented by the certificate issued to Allen March 8, 1873. The plaintiff entered and took possession of the lands March 5, 1884, and has since been in possession thereof. At the time of so entering Goodwin was in possession of the lands, and, upon being excluded therefrom by the plaintiff, commenced an action in ejectment against him which is still pending in Lake county. August 1, 1890, the plaintiff made application to the surveyor general for the…