By the Court, Sanderson, C. J. The refusal of the Court to allow the plaintiff to prove by oral testimony that the land in controversy was not swamp and overflowed within - the meaning of the Act of Congress ceding the swamp and overflowed lands within their borders to the several States, was error. (Kyle v. Tubbs, 23 Cal. 432 ; Kernan v. Griffith, 27 Cal. 87.) Judgment reversed and new trial ordered.