MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
This was a suit brought by Wise, the defendant in error, against the plaintiffs in error and others to recover the possession of sec. 21, T. 3 N., R. 8 E., Mount Diablo base and meridian, containing 640 acres of land. Tupper answered, denying that he was in possession of any part of the section except the N.E. ¼ and to that he set up a pre-emption claim and settlement. Lenfesty made the same answer and...
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