Rider

This is an action to recover certain lots of land situated in the city of Sacramento. Plaintiff alleges title and an ouster. Defendant, after denying the allegations of the complaint, sets up the statute of limitations, and alleges title in himself. Plaintiff introduced a tax deed executed in pursuance of a sale for taxes, for the fiscal year 1859-60, and proved the possession of defendant for eleven years prior to the commencement of the suit. The defendant proved that during the time of his possession of the premises he was “claiming the same as United States government lands.” This last proof of claiming the same as government lands was admitted under objection and exception on the part of the plaintiff on the ground that the evidence “was inadmissible under the answer, and immaterial, and not even tending to show that it was government land.” This is -all the evidence on the question, as to whether the land was a part of the public domain or not.

The second finding of the court is as follows: “That the land in dispute and described in said deed is a part of the public domain and is the property of the government of the United States.” And the court finds as conclusion of law:…