Nesting v. Terrell, Commissioner

GAINES, Chief Justice.

This is a petition for a writ of mandamus against the Commissioner of the General Land Office.

Stripped of irrelevant matters the facts alleged in the petition are as follows: One Bobert Thompson on September 15, 1898, became the owner of a pre-emption survey in the name of Weaver, and thereupon made his home and continued to reside upon the tract until April 21, 1903. Section 6 of the John H. Gibson surveys was originally a part of the free school lands of the State and the southeast half thereof was on the 12th day of August, 1899, unsold and was upon the market for…