Avery v. Black Diamond Coal Mining Co.

— The plaintiff, to prove his title, introduced a patent issued by this state for the lands in controversy, Which has been selected by the state in lieu of a portion of a, *874sixteenth section; but there was no evidence that the lands had been listed to the state by the United States. The seventh section of the act of Congress of March 3, 1853, to provide for the survey of the public lands in California and granting lands to the state for the purposes of public schools, etc., provides that lands in lieu of sixteenth and thirty-sixth sections reserved for public use, taken by private claims or…