Youle v. Thomas

California Supreme Court March 19, 1907

Youle v. Thomas, 91 P. 584 (Cal. 1907)

150 Cal. 676; 1907 Cal. LEXIS 570

Henshaw

Opinion of the Court

HENSHAW, J.

For the facts of these cases reference is made to Youle v. Thomas, 146 Cal. 537, [80 Pac. 714], W. E. Youle contested the right of defendant Thomas to purchase the north half of the section for which she had made application and held the certificate of purchase. Albert R. Wilkes in like manner contested her right to purchase the south half. These appellants are the interveners who, as noted in Youle v. Thomas, by leave of court filed complaints in intervention, each claiming as an applicant for the purchase of a forty-acre tract under the acts for the purchase of mineral lands. When the case came on for trial the court on motion dismissed these sixteen complaints in intervention, and the interveners appeal. Youle v. Thomas, above cited, dealt with the right of the intervener Clarke to be heard in the contest between Youle and Thomas. The same proposition that was presented in that case touching the intervener Clarke is here presented in but slightly changed form in regard to these appellants. The reasoning adopted and the conclusion reached in that ease are strictly applicable to the present cases. No elaboration of the views expressed in Youle v. Thomas is called for. As under no circumstances would these interveners have been entitled to litigate in the contest between Youle and Thomas, or Wilkes v. Thomas, it follows that they were not aggrieved by the orders and judgments dismissing their complaints in intervention, which orders and judgments are therefore affirmed.

Shaw, J., Angellotti, J., McFarland, J., Sloss, J., and Lorigan, J., concurred.

Rehearing denied.

Reference

Full Case Name: W. E. YOULE, Respondent, v. MARY J. THOMAS, Respondent; T. P. ROSS, Intervener and Appellant. W. E. YOULE, Respondent, v. MARY J. THOMAS, Respondent; JOSEPH HART, Intervener and Appellant; W. E. YOULE, Respondent, v. MARY J. THOMAS, Respondent ; L. G. WORDEN, Intervener and Appellant; W. E. YOULE, Respondent, v. MARY J. THOMAS, Respondent; JAMES F. PECK, Intervener and Appellant; W. E. YOULE, Respondent, v. MARY J. THOMAS, Respondent; LAURA FUSTCORN, Intervener and Appellant; W. E. YOULE, Respondent, v. MARY J. THOMAS, Respondent; CORWIN RADCLIFFE, Intervener and Appellant; W. E. YOULE, Respondent, v. MARY J. THOMAS, Respondent; W. G. DEAL, Intervener and Appellant; W. E. YOULE, Respondent, v. MARY J. THOMAS, Respondent; A. L. KING, Intervener and Appellant; ALBERT R. WILKES, Respondent, v. MARY J. THOMAS, Respondent; J. D. BRADLEY, Intervener and Appellant; ALBERT R. WILKES, Respondent, v. MARY J. THOMAS, Respondent; Dr. MARCHUS, Intervener and Appellant; ALBERT R. WILKES, Respondent, v. MARY J. THOMAS, Respondent; ORLA CASAD, Intervener and Respondent; ALBERT R. WILKES, Respondent, v. MARY J. THOMAS, Respondent; R. W. BERGEREN, Intervener and Appellant. ALBERT R. WILKES, Respondent, v. MARY J. THOMAS, Respondent; M. D. WOOD, Intervener and Appellant; ALBERT R. WILKES, Respondent, v. MARY J. THOMAS, Respondent; J. W. SCOTT, Intervener and Appellant; ALBERT R. WILKES, Respondent, v. MARY J. THOMAS, Respondent; LOUIS SIEDENBERG, Intervener and Appellant; ALBERT R. WILKES, Respondent, v. MARY J. THOMAS, Respondent; FRANK J. SOLINSKY, Intervener and Appellant
Cited By: 2 cases
Status: Published
Syllabus: State Lands—Contest op Eight of Purchase—Intervention.—Youle v. Thomas, 146 Cal. 537, [80 Pac. 714], affirmed on the proposition that where the state surveyor-general has referred a contest of the right of purchase of state lands the jurisdiction of the court is special and limited, and the sole matter to be determined is the question of the right of the two parties between whom the. contest arose in relation to the land, and other persons, each claiming as an applicant for the purchase of a portion of the land under the acts for the purchase of mineral lands, have no right to intervene in the contest.