Legal Opinion

Tabor v. Commissioner of the General Land Office

Texas Supreme Court

Decided July 1, 1866PublishedCited by 19 opinions

Appeal from Travis. The case was tried before Hon. A. W. Terrell, one of the district judges. This case was an application made by the appellant for a mandamus to Francis M. White, as commissioner of the general land office. The essential .facts are stated in the opinion of the court, and need not be repeated here.

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Appeal from Travis. The case was tried before Hon. A. W. Terrell, one of the district judges. This case was an application made by the appellant for a mandamus to Francis M. White, as commissioner of the general land office. The essential .facts are stated in the opinion of the court, and need not be repeated here. Commissioner White, in his reply to Tabor’s application, after explaining his construction of the acts of the legislature involved in the question, proceeded as follows: “ Then, as the law fails to point out the mode by which the islands can be disposed of, and as the making of…

1Opinion of the CourtSmith, J.

On the 26th June, 1860, Tabor applied to White, commissioner of the general land office, to purchase six hundred and forty acres of land on Brazos island, in Cameron county, under Arts. 1221 and 1223, O. & W. Dig., the former as amended by act of February 1, 1860. (Laws of 8th Leg., p. 30,) [Paschal’s Dig., Arts. 4423, 4424, Note 990.]

In his application he states the section to be the same that was surveyed 26th May, 1847, for L. Dobbins, by virtue of Thomas Toby’s scrip Do. 185, by the surveyor of San Patricio county; the field-notes of which, set out in his petition, were on file in the…

2Cases cited6 opinions

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  2. Commissioner of the General Land Office v. SmithTexas Supreme Court · 1849
  3. State v. DelesdenierTexas Supreme Court · 1851
  4. Glasscock v. Commissioner of the General Land OfficeTexas Supreme Court · 1848
  5. Smith v. PowerTexas Supreme Court · 1847

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3Cited by19 opinions

  1. Thomson v. LockeTexas Supreme Court · 1886
  2. City of Austin v. CahillTexas Supreme Court · 1905
  3. Stanolind Oil & Gas Co. v. StateTexas Supreme Court · 1937
  4. Galveston, Brazos, & Colorado Narrow-Gauge Railway Co. v. GrossTexas Supreme Court · 1877
  5. State ex rel. Dixon v. Trustees of the Internal Improvement FundSupreme Court of Florida · 1884

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