MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
This was a suit brought by the United States to vacate and annul the title of John Mullan and Francis Avery to the N. ½, sec. 8 T. 1 N., R. 1 E., Mount Diablo meridian, listed by the Secretary of the Interior on the 3d of January, 1871, to the State of California as a school indemnity selection, on the ground that when the selection was made and when it was listed the land was coal land, and so known...
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