Gustin v. Commissioner of State Land Office

The relator filed his petition for a writ of mandamus to compel the respondent to convey to him upwards of 1,000 acres of what is known as “State swamp land,” for which he had tendered the respondent $1.25 an acre. The respondent has made answer to the petition. The material parts of the answer are as follows:

“That, as to the allegation contained in paragraph 4 of said petition, this respondent says that, by reason of the fact that said lands were not subject to private sale at the time of said relator’s application therefor, he refused to issue to said relator a certificate of purchase in…