Home/Texas Supreme Court/Manry v. Robison

Manry v. Robison

56 S.W.2d 438, 122 Tex. 213
CourtTexas Supreme Court
DecidedDecember 22, 1932
DocketNo. 5388.
StatusPublished
Cited by78 cases

This text of 56 S.W.2d 438 (Manry v. Robison) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manry v. Robison, 56 S.W.2d 438, 122 Tex. 213 (Tex. 1932).

Opinion

Mr. Chief Justice CURETON

delivered the opinion of the court.

STATEMENT OF THE CASE.

This action for original mandamus is by L. Y. Manry, relator, against the respondent Walker, Commissioner of the *219 General Land Office, to require the issuance of a mineral permit to prospect for oil and gas, under the terms of designated statutes, upon 124.4 acres of land, embraced in an abandoned bed of the Brazos River, in Fort Bend County. The respondent Cooper seeks affirmative relief my way of mandamus to require the Commissioner to sell him the land under certain statutes and laws of the State. The respondents Sam Rosen, E. H. Hammond, Sugarland Industries, and Humble Oil & Refining Company oppose the issuance of both writs of mandamus, upon the ground that they severally own the land in controversy, and that the State has no power to either lease or sell the same. The respondent Walker contends that the land belongs to the State, but says that neither of the mandamuses prayed for should issue, for reasons which he sets forth in his pleadings.

The land involved is designated on the map attached as “L. V. Manry Sur. No. 1,” a portion of which is occupied by water, as shown. This land formed a part of the bed and channel of the Brazos River prior to the year 1914. During the spring of that year, by an avulsive change, the river cut across the neck of the bend, straightened its course, abandoned the land shown as a bed, cut, and has since occupied, a new channel, indicated by the lines between which the words “Brazos River” appear.

*220

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Bluebook (online)
56 S.W.2d 438, 122 Tex. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manry-v-robison-tex-1932.