Dreyfus

This was an action of ejectment in which judgment went for plaintiff. Defendant appeals from, the judgment and from an order denying a new trial.

The land in contest was listed to the state in lieu of certain school land; and a patent thereto was issued by the state to plaintiff’s testator in pursuance of a certificate of purchase issued to one C. F. Wilson. Wilson filed his application for the land in the state land-office on December 31, 1886; his application was approved August 30, 1889; a certificate of purchase was issued to him September 11, 1889; he assigned his certificate to Isadore Dreyfus (respondent’s testator) on October 28, 1889; and on February 24, 1893, the state of California issued its patent for the land to said Isadore Dreyfus.

On January 27, 1887, appellant, who was a qualified pre-emptor residing on the land, filed in the local United States land-office his declaratory statement of his inten *62 tion to pre-empt said land; but, prior to that, the state surveyor general had made application to have said land listed to the state of California in lieu of certain other land; and on or about July 8, 1889, the said application was approved, and the said…