Hempstead v. Underhill's Heirs
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Hon. Thomas Hubbard, Circuit Judge. ' made the following points: A mandamus only lies against a public officer, where there is a plain legal right, and no other specific remedy 1 Ark. 16; 5 Eng. 416; 2 Com.
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Appeal from Hempstead Circuit Court. Hon. Thomas Hubbard, Circuit Judge. ' made the following points: A mandamus only lies against a public officer, where there is a plain legal right, and no other specific remedy 1 Ark. 16; 5 Eng. 416; 2 Com. Rep. 492; 3 Texas, 51. The relation or petition must show the right of the re.lators, and also that there has been a refusal on the part of the officer to perform the specific act demanded. 12 El. 248; 11 Humph. 306; 15 Barb. 607. The constitutionality of the act of 20th January, 1855, authorizing the Land Agent to determine the validity of conflicting…
1Opinion of the CourtChief Justice English
This is an appeal from the judgment of the Circuit Court of Hempstead county, awarding a peremptory mandamus against Bernard F. Hempstead, as Land Agent of the Washington District, to compel him to issue certain certificates of purchase of swamp lands, to the heirs of George W. Underhill, deceased, etc.
It appears that, on the 6th of October, 1853, the Swamp Land Commissioners issued to Underhill five patent certificates, each for a number of tracts of swamp land purchased by him with scrip, etc., issued to him as a levee contractor, under the Act of 6th January, 1851.
These certificates show,…
2Cases cited1 opinion
- Hempstead v. AuditorSupreme Court of Arkansas · 1855
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