Chappell v. Rogan

• Court: Texas Supreme Court
• Writing for the Court: Gaines
• Citation: Chappell v. Rogan, 62 S.W. 539, 94 Tex. 492 (Tex. 1901)
• Decision Date: 29 April 1901
• Parties: CHAPPELL v. ROGAN, Commissioner.

Page 539

62 S.W. 539

CHAPPELL v. ROGAN, Commissioner.

Supreme Court of Texas.

April 29, 1901.

Motion by Amasa B. Chappell to file a petition for a writ of mandamus to compel Charles Rogan, as commissioner of the general land office, to issue a patent on certain land. Motion denied.

L. D. Brooks and Watts & Aldredge, for relator.

GAINES, C. J.

This is a motion to file a petition for a writ of mandamus, and we are of opinion the motion should be refused. The petition alleges that the relator has made application to the respondent, as commissioner of the general land office, to purchase, under the provisions of article 3498j of the Revised Statutes, a certain section of school land as oil lands, and sets forth specifically and in detail that in making his application he has pursued the requirements provided in that article for the purchase of school lands. It is further averred, in substance, that the section had previously been classified as grazing lands, and that in 1895 one J. E. Sparks had made application as an actual settler to purchase it, and, having made the first payment, and given his obligation for the balance of the purchase money, as required by law, he had been accepted as a purchaser; and also that since his purchase he had kept it good by paying all interest...