Barber v. Giles

Mr. Justice S medley

delivered the opinion of the Court.

Relator prays for a writ of mandamus to compel resepondent, the Commissioner of the General Land Office, to issue to him, pursuant to the first part of Section 5 of the 1931 Public School Land Sales Act, a patent to a tract of land containing 18.77 acres in Panola County. Respondent’s refusal to issue the patent is based upon his opinion that the tract of land cannot be patented to relator and is subject only to lease because it is surveyed public school land within five miles of a well producing gas in commercial quantities.

The tract of…