Marshburn v. Walker

121 Tex. 88
CourtTexas Supreme Court
DecidedOctober 10, 1931
DocketMotion No. 9857
StatusPublished

This text of 121 Tex. 88 (Marshburn v. Walker) 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
Marshburn v. Walker, 121 Tex. 88 (Tex. 1931).

Opinion

PER CURIAM.

— This is an application to file petition for mandamus by L. H. Marshburn against J. H. Walker, Land Commissioner of Texas, as respondent, and Mealey Johnson, a feme sole, and certain other parties as co-respondents. The petition seeks to compel Walker, commissioner, to cancel an award of the land in question here to Mealey Johnson, and to approve relator’s field notes, or have same corrected, if incorrect, and then approve same, and thereafter fix a minimum price as provided by law, in order that relator may proceed to exercise his preference right to purchase a mineral lease from the state to the tract of land in question here,, which consists of 18.71 acres in Rusk county, Texas. The record in the case shows that patent to this land has issued from the State of Texas to Mealey Johnson. This patent is an absolute bar to any relief in this character of proceeding. Guenther v. Robison, 118 Texas, 485, 32 S. W. (2d) 640, and authorities there cited.

The application to file petition for mandamus is refused.

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Related

Guenther v. Robison
17 S.W.2d 765 (Texas Supreme Court, 1929)
Guenther v. Robison
32 S.W.2d 640 (Texas Commission of Appeals, 1929)

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Bluebook (online)
121 Tex. 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshburn-v-walker-tex-1931.