Batz

Mandamus. Plaintiff seeks to obtain a peremptory writ compelling defendant to pay to plaintiff, out of the swamp land fund of Kern county, the sum of $2,341.71, or as much thereof as that fund contained. The writ was refused, and plaintiff appeals from the judgment. The cause was submitted on an agreed statement of facts. The court made findings of fact, but both parties agree, and it is the law, that the finding’s should not be considered, and that this court should consider the agreed statement: Gregory v. Gregory, 102 Cal. 50 , 36 Pac. 364 ; McMenomy v. White, 115 Cal. 339 , 47 Pac. 109 . It is not necessary to state the facts in detail, as there is no dispute about them. Plaintiff claims as the successor in interest of certain persons who purchased certain swamp land from the state. Reclamation was made according to law, and the then owners of the land, or their assigns, became entitled, on demand, to be paid out of the *482 swamp land fund of the county the sums claimed in this petition. This right accrued as to $1,931.38 on March 11, 1891, and as to $414.37 on April 14, 1893. In its petition, plaintiff sets forth “that the said land was purchased from the state of California…