Middleton v. Low
California Supreme Court
Application for writ of mandate made to the Supreme Court. The Register presented to the Governor the following certificate, and at the same time handed him a patent for his signature.
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Application for writ of mandate made to the Supreme Court. The Register presented to the Governor the following certificate, and at the same time handed him a patent for his signature. The Governor refused to sign the patent: “ I, J. F. Houghton, Register of the State Land Office of the State of California, hereby certify that John Middleton having fully complied with the provisions of an Act entitled ‘ An Act to provide for the issuance of patents to lands located with State School Land Warrants, and for lands purchased under the Act of April 23d, 1858,’ passed April 16th, 1859&emdash;the…
1Opinion of the Court
By the Court, Rhodes, J.:
Mandamus to compel the Governor to execute to the petitioner a patent for a tract of land, alleged to be a part of a thirty-sixth section. ' The petition states the several steps taken by the petitioner, and the proceedings had before the Surveyor-General, of the State and the Register of the State Land Office, and the other officers of the State, for the pur*600pose of effecting a purchase of the lands from the State; that the land had been duly surveyed by the United States; that the Register presented his certificate to the Governor, which recites that the relator had…
2Cases cited6 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Harrington v. PeopleNew York Supreme Court · 1849
- Tyler v. HoughtonCalifornia Supreme Court · 1864
- People ex rel. Ottman v. Commissioners of Highways of SewardNew York Supreme Court · 1858
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3Cited by31 opinions
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- Harpending v. HaightCalifornia Supreme Court · 1870
- People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
- Martin v. InghamSupreme Court of Kansas · 1888
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