United States v. Peralta
District Court, N.D. California
Demurrer to petition for the enforcement of a judgment, and for an order to compel the United States to issue a patent On July 27, 1899, Mary E. H. Gwin, intervener herein, filed the following petition: ■ “The petition of Mary E. H. Gwin, intervening in this proceeding for her interest, by leave of the court first had and obtained, respectfully shows that heretofore, to wit, on the 21st day of January in the year 1S52, Antonio Peralta, Vicente Peralta, Ignacio Peralta, and…
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Demurrer to petition for the enforcement of a judgment, and for an order to compel the United States to issue a patent On July 27, 1899, Mary E. H. Gwin, intervener herein, filed the following petition: ■ “The petition of Mary E. H. Gwin, intervening in this proceeding for her interest, by leave of the court first had and obtained, respectfully shows that heretofore, to wit, on the 21st day of January in the year 1S52, Antonio Peralta, Vicente Peralta, Ignacio Peralta, and Domingo Peralta, claiming lands in California by virtue of a right and title derived from the Spanish and Mexican…
1Opinion of the CourtHawley, District Judge
(after stating the facts). The petition and demurrer, which have been copied verbatim in the foregoing statement, are deemed sufficient to explain the nature and character of this proceeding, and to render it unnecessary to refer in detail to the steps that were taken in the original case prior to the rendition of the decree of November 30, 1859, filed December 1, 1859. For tbe purpose of disposing of the questions raised by the pleadings herein, it will be admitted, without discussion, that the court has jurisdiction, and is possessed of the inherent power and authority to do whatever is…
2Cases cited16 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- Beard v. FederySupreme Court of the United States · 1866
- Farley v. KittsonSupreme Court of the United States · 1887
- Zimmerman v. So RelleCourt of Appeals for the Eighth Circuit · 1897
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3Cited by1 opinion
- United States v. PeraltaDistrict Court, D. North Carolina · 1900