
    [No. 7,246.
    Department One.]
    JOHN McBROWN v. A. W. WILSON et al.
    Ejectment—Prior Possession oe Public Lands—Pre-emption.
    Appeal by defendant, A. W. Wilson, from a judgment for plaintiff and from an order denying a new trial in the Twenty-second District Court of Marin County. Temple, J.
    Petition for hearing in bank was filed in this case after judgment, and denied.
    
      George Pearce and James F. Stuart, for Appellant.
    
      George A. Nourse, for Respondent.
   The Court:

This case is like that of McBrown v. Morris, supra, 64, except. that the entry made by. the defendant upon the possession and occupation of McBrown was with intent to acquire a homestead right under the laws of the United States, which he was allowed to enter and pay for at the Land Office. The rules laid down in McBrown v. Morris apply to this case, and therefore the judgment and order herein are affirmed.  