Texas Mexican Railway Co. v. Jarvis

Stayton, Associate Justice.

This action was brought by the appellant to obtain a writ of mandamus to compel Jarvis, who was the surveyor of Webb land district, to receive applications to locate lands, claimed to be unappropriated public domain, by virtue of land certificates of which the appellant was owner, and to compel him to make and return surveys. The persons claiming to be the owners of the lands which the appellant thus sought to appropriate, were joined as defendants with the surveyor.

The defendants denied that the lands which the appellant sought to appropriate were of the…