Herndon v. J. T. Robison Commissioner of General Land Office

Mr. Judge STAYTON

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

Gilbert Herndon sues for a writ of mandamus to cancel a sale of some school land and to compel the Commissioner to reinstate him 'as purchaser. His claim, he admits, has been forfeited on account -of non-payment of interest. After the forfeiture and more than a i year before the filing of his suit, the tract, having been again placed ■. upon the market, was sold and awarded to respondent Wooten, but the proceedings precedent were illegal and the award was therefore invalid, as was pointed out in the similar case of…