Tyler v. Houghton

Citations

• 25 Cal. 26

Syllabus

<p>Jurisdiction of Supreme Court. — Under the Constitution as amended, the Supreme Court has original jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus.</p> <p>Interest of Trustee in Trust Estate.—A trustee of an express trust is a person having such beneficial interest in the trust estate, within the meaning of the four hundred and sixty-eighth section of the Practice Act, as to enable him to apply for a mandamus to compel the Surveyor-General to allow him to contest before him the application of a third person for the purchase of the land held in trust.</p> <p>Trustee—Action by.—The trustee of an express trust may maintain an action to prevent waste or trespass upon the land held in trust, or to recover possession thereof, without joining with him his cestui que trust/ and should he refuse to do * so, his cestui que trust may compel him by action to do so.</p> <p>State Lands—Contesting Purchase of.—It is the duty of the Surveyor-General to hear and determine all contests which may be brought before him by any person touching the right of the State to sell lands, or of the applicant to purchase the same, even though the contestant does not seek to purchase.</p>