Work v. United States ex rel. O'Donnell

VAN ORSDEL, Associate Justice.

A peremptory writ of mandamus was issued by the court below to compel the appellant, Secretary of the Interior, to certify to the state of California for patent certain lands, under the Act of Congress of September 28, 1850 (9 Stat. 519 [43 USCA §§ 982-984; Comp. St. §§ 4958-4960]), alleged to be swamp and overflow in character.

The lands were surveyed in 1856 by authority of the state of California, and identified under the survey as “survey 34” containing 164.55 acres. Appellee, relator below, James E. O’Donnell, claims title to this tract of land through mesne…