Begue

Action on behalf of plaintiff to quiet title to certain land within the boundaries of the Santa Barbara National Forest. The ease is submitted on an agreed statement of facts. Plaintiff acquired title under patent from the United States on July 29, 1903, *230 and on January 18, 1905, after the Santa Barbara National Forest was created, executed a relinquishment of the land under the provisions of the Forest Reserve Lieu Selection Act of June 4, 1847 (30 U. S. Statutes at Large, p. 36), at the request of H. C. Sigler, a scrip dealer. Sigler thereupon paid him a sum of money, the amount being unknown, and agreed that, upon the selection of the lieu lands under the provisions of the act of 1897, a further sum was to be paid. This, however, was never done.

The relinquishment grants to the United States the land in question and was sufficient in form and execution to convey title. As part of the same transaction, plaintiff executed a power of attorney authorizing his attorney in fact to select and apply for lieu land under the act referred to. He executed a separate power of attorney authorizing his attorney in fact to enter into and take possession of the lieu lands and to sell and…