MR. JUSTICE BREWER delivered the opinion of the court.
This case comes before us on error to the Supreme Court of Washington. The questions are mainly similar to those in the case of Mann v. Tacoma Land Company, just decided.
The plaintiff described the land in his complaint as "at the time of its selection by said plaintiff unoccupied and unappropriated public land of the United States not mineral, in this, that the said tract of land was situated...
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