United States ex rel. Durnford v. Fall

VAN ORSDEL, Associate Justice.

Appellant, relator, petitioned the court below for a writ of mandamus to compel respondent to rescind and vacate an order for the cancellation of a coal entry. A demurrer was interposed to respondent’s answer which was overruled, and relator, relying upon her demurrer, appeals from the judgment denying the writ and dismissing the petition.

In 1914 George Durnford, appellant’s husband, made a coal entry upon the land in controversy. This application was rejected, subject to his right of appeal on April 25, 1916. Within 10 days thereafter Charles Lackey, George…