White's Administrator v. United States
66 U.S. 501 (1861)

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U.S. Supreme Court

White's Administrator v. United States, 66 U.S. 1 Black 501 501 (1861)

White's Administrator v. United States

66 U.S. (1 Black) 501

Syllabus

This Court will not award a mandamus to the judge of the district court commanding him to permit the intervention of one claimant in a proceeding instituted by another for the confirmation of a distinct title under a Mexican grant.

Thomas B. Valentine, for himself and other parties in interest, presented his petition to the Supreme Court setting forth that he held the title of Juan Miranda, to whom a grant was made by the Mexican government of a tract of land in California known by the name of the Arroyo de San Antonio; that one Ellen E. White, administratrix of Charles White, deceased, petitioned the land commission for confirmation to herself of another title derived from Manuel Ortega for the same land, and her proceeding came by appeal into this Court, where an order was made remanding the cause to the district court so that the claimants under Miranda might have an opportunity to contest the claim of White agreeably to the 13th section of the act of 1851; that the mandate was filed in the district court and a motion made by the petitioner for leave to intervene, which was refused by the district court in disregard of the order of this Court. The petitioner, being without other remedy, prays for a mandamus.

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