Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3. Page: 51
vi, 659 [660] ; 22 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
GLASSCOCK VS. COIMISSIONER GEN. LAND OFFICE. 51
up for revision here, the record ought to be accompanied by a
statement of facts; otherwise, we may have no means of determining
upon the propriety of the application.
In the case before us, there is no statement of facts; the
newly discovered evidence is not set out; the party has relied
alone on his own unsupported affidavit, and, in no respect, has
brought himself within the rules upon which the sufficiency
of his application must depend.
We are of opinion, therefore, that there was no error in the
judgment overruling the motion for a new trial, and that it be
affirmed.
GEORGE W. GLASSCOCK VS. THE COMMISSIONER OF THE GENERAL
LAND OFFICE - Appeal from Travis County.
The writ of mandamus will not issue against a public officer, unless to coinpel
the performance of an act clearly defined and enjoined by the law, and
which is therefore ministerial in its nature, and neither involves any discretion
nor leaves any alternative. [2 Tex. 497; 5 Tex. 471; 6 Tex. 475; 7
Tex. 259; 9 Tex. 81; 22 Tex. 559; 28 Tex. 687; 29 Tex. 51.]
The ordinary instrument by which the commissioner of the general land
office tests the genuineness of certificates is the report of the investigating
commissioners; and this report should be signed by themselves, and
returned to the general land office.
This is an application for a mandamus to compel the commissioner
of the general land office to issue a patent on a
survey made by virtue of a certificate for headright, issued by
the board of land commissioners of Jasper county to one
Henry P. Rock.
The appellant was the assignee of this certificate.
The commissioners appointed under the "act to detect
fraudulent land certificates," etc. [Laws of 1840, page 139],
transmitted to the commissioner of the general land office
no report, under their own signatures, of such certificates
issued in Jasper county as they found to be genuine and legal
claims against the government.
There were three copies sent to the general land office, of
the original report of the commissioners, which remains of
record in the office of the county clerk of the county of Jasper,
as directed by the 12th section of the law above referred to,
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28571/m1/57/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .