Tyler v. Houghton
California Supreme Court
Application to the Supreme Court for writ of mandate. In January, 1863, one Stayton was in the possession of a tract of land in the County of San Joaquin, described as the northeast quarter of section twenty-seven, the west half of the northwest quarter of section twenty-six, the southwest quarter of the southeast quarter of section twenty-two, and the southwest quarter of the southwest quarter of section twenty-three, township four north, range five east, Mount Diablo…
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Application to the Supreme Court for writ of mandate. In January, 1863, one Stayton was in the possession of a tract of land in the County of San Joaquin, described as the northeast quarter of section twenty-seven, the west half of the northwest quarter of section twenty-six, the southwest quarter of the southeast quarter of section twenty-two, and the southwest quarter of the southwest quarter of section twenty-three, township four north, range five east, Mount Diablo meridian. The land was inclosed by a substantial fence, and Stayton and his grantors had been in possession of the same for…
1Opinion of the Court
By the Court, Sanderson, C. J.
This is an application for a mandamus to compel the *28respondent, as Surveyor-General and Register of the State Land Office, to allow the petitioner to contest before him the application of one Granger. for the purchase of certain lands in lieu, of the sixteenth and thirty-sixth sections, under the Act of the 27th of April, 1863.
The first question presented for our determination is as to the jurisdiction of this Court in this class of cases. Under the new Constitution, it is claimed this Court has original jurisdiction in cases of mandamus, certiorari, and…
2Cited by21 opinions
- Hyatt v. AllenCalifornia Supreme Court · 1880
- Middleton v. LowCalifornia Supreme Court · 1866
- People ex rel. Central Pacific Railroad v. Board of SupervisorsCalifornia Supreme Court · 1865
- Dollenmayer v. PryorCalifornia Supreme Court · 1906
- McLeran v. BentonCalifornia Supreme Court · 1887
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