73 S.W. 949 | Tex. | 1903
Relator has applied to this court for a writ of mandamus to require respondent, the Commissioner of the General Land Office, to reinstate upon the record of his office a sale which had been awarded to relator of a tract of school land and afterwards canceled by respondent for the reason stated below.
The pleadings show this state of facts: The land was, in fact, covered with valuable pine timber and was worth $8 per acre, but in 1901 was classified as dry agricultural land and valued at $2 per acre. On the 26th day of April, 1902, relator made application to buy the land, as classified, complying in all respects with the law. The application was accepted by the Commissioner and the land was awarded to applicant May 1, 1902. The Commissioner, having thereafter learned of the mistake *480 in the classification and appraisement, canceled the sale on the 1st day of August, 1902, basing his action on such mistake alone. Relator's home was on another tract adjoining that in controversy, and upon this fact it is charged that, when he bought, he must have known of the error in classification and that the Commissioner in selling was acting upon a mistake of fact. We shall assume for the purpose of decision that this is true.
The law in force when the classification and appraisement were made gave to the Commissioner full authority to classify all of the school lands as "agricultural, grazing or timbered lands," and declared that, when such classification had been made, the lands "shall be subject to sale." Laws 1897, p. 184, arts. 4218e, 4218f. The conditions precedent to the power to sell having been thus complied with, and the purchaser by his application having accepted the offer to sell thus held out by the statute through such action of the Commissioner, and having complied with the statutory requirements, there was a complete executory contract of sale. Jumbo Cattle Co. v. Bacon Graves,
We are not to be understood as deciding definitely that the facts stated show a right in the State to avoid the sale. That question is left open. We merely hold that, if the existence of such right be assumed, it furnishes no answer to this application.
Mandamus awarded. *482