Reese v. Thorburn

Appeal by defendant from a judgment by default.

This is a contest as to the right to purchase of the state swamp and overflowed lands.

It is contended that the complaint does not state facts sufficient to constitute a cause of action.

The statute provides that a party desiring to purchase swamp and overflowed lands must make an affidavit setting forth certain matters, and file the same in the office of the surveyor-general of the state. (Pol. Code, sec. 3443.)

These matters are specified in the section of the code above cited.

The complaint does not set forth that any affidavit at all was made or…