Commissioner of the General Land Office v. Smith
Texas Supreme Court
Appeal from Travis. This was a proceeding* instituted by the appel-lee in the District Court of Travis comity to compel the Commissioner of the General Land Office to issue to tiie petitioner patents to certain lands claimed by him in the county of Refugio.
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Appeal from Travis. This was a proceeding* instituted by the appel-lee in the District Court of Travis comity to compel the Commissioner of the General Land Office to issue to tiie petitioner patents to certain lands claimed by him in the county of Refugio. The appellee filed his petition in May, 1841, alleging- that he had in Lis own. rig-lit and as the agent for others located and had surveyed in the county of,' Refugio land claims, consisting of headlight certificates, land scrip, and military bounty land, all emanating from the proper authorities of the Government,, a list of which is…
1Opinion of the CourtWheeler, J.
In the consideration of this case two^ questions are presented:
1st. Will the writ of mandamus lie to compel the Commissioner of the General Land Office to issue a patent in any case? If so,
2d. Is a case presented by this record proper for a final judgment awarding it?
The first question here presented can scarcely be considered as now an open question. The practice of resorting to this proceeding against this officer and to enforce the performance of this particular duty is believed to have had its origin almost as early as the creation of the office itself, and to have been continued, without…
2Cases cited1 opinion
- Board of Land Commissioners of Milam County v. BellTexas Supreme Court · 1840
3Cited by78 opinions
- City of Lancaster v. ChambersTexas Supreme Court · 1994
- Ballantyne v. Champion Builders, Inc.Texas Supreme Court · 2004
- County of Mitchell v. City National BankTexas Supreme Court · 1898
- City of Austin v. CahillTexas Supreme Court · 1905
- King v. GuerraCourt of Appeals of Texas · 1927
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