Legal Opinion

West v. Terrell, Commissioner

Texas Supreme Court

Decided May 28, 1903No. 1198PublishedCited by 6 opinions

Original application by West to the Supreme Court for a writ of mandamus to Terrell, Commissioner of the General Land Office, making Morris, an adverse claimant, also a respondent.

1Opinion of the Court

WILLIAMS, Associate Justice.

Relator has applied to this court for a mandamus to compel the Commissioner to accept his applications to purchase foúr sections of school land in Andrews County, which applications the Commissioner has rejected as conflicting with the rights of his corespondent, Nelson Morris, as lessee from the State of the same lands. Relator contends that the lease is void for certain alleged reasons; and further, that, if it be not void, the land included in it is held subject to the right of the State to sell to actual settlers.

Prior to 1902 the land was a portion of a large…

2Cases cited3 opinions

  1. Mutual Life Insurance v. PhinneySupreme Court of the United States · 1900
  2. Teat v. McGaugheyTexas Supreme Court · 1893
  3. Ketner v. Rogan, Commissioner, and SlaughterTexas Supreme Court · 1902

3Cited by6 opinions

  1. Trimble v. BorroughsCourt of Appeals of Texas · 1906
  2. Fish Cattle Co. v. Terrell, CommissionerTexas Supreme Court · 1904
  3. McDowell v. TerrellTexas Supreme Court · 1905
  4. Trimble v. BurroughsCourt of Appeals of Texas · 1908
  5. Foster v. BayCourt of Appeals of Texas · 1953

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