Goldberg v. Thompson

— This is a contest over the right to purchase state land, referred by the surveyor-general to the courts for determination. (Pol. Code, sec. 3414.) The superior court decided that neither party had a right to purchase, and plaintiff appeals from the judgment, contending that it is not supported by the pleadings and findings. The land in controversy was “ swamp and overflowed” on September 28, 1850, and as such passed *118to the state under the congressional grant of that date. Subsequently, and prior to plaintiff's application to purchase, it became, by the operation of natural and other causes,…