Saunders

This action is to determine conflicting claims to a tract of land, being a portion of section 36, township-2 north, range 13 east, Mount Diablo meridian, containing six hundred acres, located in Tuolumne county.

On September 1, 1870, the official United States survey of said township was completed, and the lands therein sectionized. On the eighteenth day of February, 1871, the official plat of said township was approved by the United States surveyor general for California, and filed in h-is office. In this official plat of said township section 36 was marked and returned as being agricultural land and unoccupied. On the seventh day of December, 1871, the commissioner of the general landoffice directed the register of the United States landoffice at Stockton, in which district said land was located, to withhold from sale or disposal, among other lands, said township 2; and on April 27, 1880, the secretary of the interior, by an order, revoked said withdrawal, *161 and thereafter on September 6, 1884, the register of said United States landoffice issued to the state of California his certificate in due form, reciting that there were no persons occupying or hi possession of any…