Caples v. Walker

Mr. Judge LEDDY

delivered the opinion of the Commission of Appeals, Section B.

On April 21, 1932, the relator, W. J. Caples, was granted leave to file petition for mandamus to compel J. H. Walker, Land Commissioner, respondent, to award him a mineral lease upon certain land situated in Gregg County,. Texas.

The respondent Land Commissioner has filed a motion herein asking this court to withdraw leave granted. relator to file said petition and to dismiss the petition therefor upon the ground that the issuance of a patent covering the land involved to M. T. Cole prior to the filing of relator’s…