Prentice v. Miller

Gibson, C.

This was a contest referred to the superior court of Monterey County by the surveyor-general and ex officio register of the state land-office, to determine the respective rights of the parties to purchase certain school lands. Judgment passed for plaintiff, from which, and an order denying a new trial, defendant appeals. The pleadings are conceded to be in proper form and sufficient.

The appellant urges, in support of his appeal, that there is no evidence to sustain the fifth, sixth, and seventh findings, wherein the court, in effect, found that before plaintiff filed his application…