61 Cal. 364 | Cal. | 1882
This is an appeal, from an order denying the appellants’ motion to file a complaint in intervention in the above-entitled action. The sole question in the case is whether said complaint in intervention states facts sufficient to entitle the parties in whose behalf it was sought to file it, to intervene in the action.
The plaintiff in this action filed its adverse claim to said land, and commenced this action to have the question of the right of possession determined by a court of competent jurisdiction, as provided by Sections 2325 and 2326, U. S. Revised Statutes. It is not claimed that the appellants filed an application for a patent, or any opposition to the issuance of' one to the defendant. We are of the opinion, that the action is one in which those only who had filed claims to the land in the United States Land Office could properly be made parties to the action, which was brought for the sole purpose of determining the rights of possession between such adverse claimants. The rights of none other were involved in the action. The only question involved was, whether the defendant was entitled to a patent.
In order to entitle themselves to become parties to this action, it was necessary for the appellants to apply to the United States Land Office for a patent, or to file an opposition to the application of some one else within the time prescribed by law for so doing. Neither of which did they do.
Order and judgment appealed from affirmed.