State ex rel. McEnery v. Lanier

The opinion of the court was delivered by

Miller, J.

This appeal is by the defendaut, the Register of the Land Office, from the judgment of the lower court making peremptory the mandamus to divide certain lands claimed to have been recovered by the late John McEnery from the United States, and to issue to relators, his widow and heirs, patents for the moiety claimed by them. The claim is on the contract of deceased with the State, based on the legislative act No. 23 of 1880 for the recovery by him of all lands donated to the State under the swamp land and other *111■acts of Congress, his…