Myers v. State ex rel. Martin
Mississippi Supreme Court
Appeal from the decision of Hon. T. J. Wharton, Judge of the Ninth Judicial District, in vacation, awarding a writ of mandamus to compel the issuance of a patent for swamp land, as asked in the petition of the State of Mississippi, by Henry S. Foote, District Attorney, at the relation of Frank Martin. The statements of the petition, which were admitted by the answer of Henry C. Myers, Secretary of State, are set forth in the opinion of the court.
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Appeal from the decision of Hon. T. J. Wharton, Judge of the Ninth Judicial District, in vacation, awarding a writ of mandamus to compel the issuance of a patent for swamp land, as asked in the petition of the State of Mississippi, by Henry S. Foote, District Attorney, at the relation of Frank Martin. The statements of the petition, which were admitted by the answer of Henry C. Myers, Secretary of State, are set forth in the opinion of the court. The corporation which was created to receive, as a remuneration from the State, the Pearl Eiver swamp lands (Acts 1871, p. 482), instead of…
1Opinion of the CourtChalmers, J.
The relator seeks by mandamus to compel the secretary of state to deliver to him a patent for two hundred and forty acres of swamp and overflowed land in Hancock County, alleging that the land belongs to the State, that he has paid to the proper officer the legal price therefor, and that it is the duty of the secretary of state to execute and deliver to him a patent for the same. The secretary refuses compliance with this demand upon the ground that the land does not belong to the State, but is the property of one Baldwin, who has put upon record a deed thereto derived from a corporation…
2Cited by1 opinion
- McCulloch v. StoneMississippi Supreme Court · 1886