Court of Appeals for the Ninth Circuit February 8, 1909, No. 1,610 (McGrath v. Valentine)

GILBERT, Circuit Judge

(after stating the facts as above).

We find no error in the ruling of the court that the affirmative matter pleaded in the answer constituted no defense to the action as to the tracts in lots 1 and 3, particularly described in the complaint. In Miller v. Margene, 149 F. 694, 79 C.C.A.