Bogan

This is an action of ejectment. The defendants set up title in themselves and by cross-complaint seek to quiet title. The judgment of the trial court was in favor of the defendants. This is the second action between the parties over this land, which lies within a national forest reserve. The defendants were declared to be the owners thereof by the decree in the former action. This action is based upon the contention that subsequent to that decree entered February 21, 1930, the plaintiff acquired title thereto by a conveyance from the United States dated August 20, 1930, under authority of an Act of Congress of April 28, 1930 ( 46 Stat. 257 , 43 USCA § 872).

It is apparent from the pleadings, findings, and opinion of the trial court and the briefs on appeal that the basic issue between the parties is as to the effect of a deed made July 28, 1899, by the plaintiff as grantor to the United States government as grantee, in pursuance of the Act of Congress of June 4, 1897 ( 30 Stat. 36 ), permitting the surrender or conveyance to the United States of land within a national forest reserve and the selection of other government land in lieu thereof. The appellants contend that upon the…