
    G. W. MURCHISON, Relator, v. J. T. ROBISON, Com’r, et al., Respondents.
    (No. 507-4218.)
    (Commission of Appeals of Texas, Section B.
    March 11, 1925.)
    Mandamus.
    E. C. De Montel, of Wichita Palis, and Black & Morrow and Chas. L. Black, all of Austin, for relator.
   POWELL, P. J.

This is an original action in mandamus by the relator to require the land commissioner of this state to reinstate his claim to a tract of public free school land in Henderson county, Tex., which the state had sold him, and, without forfeiting his contract as by law required, proceeded prematurely to advertise the land for resale. On the 3d day of March, 1925, the relator filed a motion herein as follows: “Comes now the relator, and respectfully shows to the court that, since the institution of this proceeding, the respondent, J. T. Robi-son, commissioner* of the general land office of the state of Texas, has voluntarily reinstated the relator as a purchaser of the land referred to in his petition, and that therefore the further prosecution of this proceeding has become unnecessary. Accordingly relator prays that the cause be dismissed, at his cost.” This case is ruled by our opinions in the cases of Weaver v. Robison, Commissioner, and Watley v. Robison, Commissioner, and which opinions were adopted by the Supreme Court on December 20, 1924. See 268 S. W. 133, 142. In those cases we held there could be no valid advertisement, such as required by law before the lands advertised were forfeited, and that an advertisement and subsequent sale of lands already sold and not forfeited were void. The reinstatement of the relator in the instant case by the commissioner followed the decisions aforesaid. We recomm.end that the aforesaid motion, filed by relator herein, be granted, and this cause dismissed, at his cost.

CURETON, C. J.

Cause dismissed, on motion of relator, at his cost, as recommended by the Commission of Appeals.  