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Ortua vs. Encarnacion

FORTUNATO ORTUA, petitioner-appellant, vs. VICENTE SINGSON ENCARNACION, Secretary of Agriculture and Commerce, ET AL., respondents-appellees.

G.R. No. 39919 | 1934-01-30

D E C I S I O N


MALCOLM, J:

In this case the petitioner and appellant seeks the issuance of a writ of mandamus directed against the Secretary of Agriculture and Commerce and the Director of Lands, for the purpose of compelling them to give due course to his sale's application for a tract of public land. The demurrers interposed to the complaint by the respondents and appellees were sustained in the trial court, and on the failure of the petitioner further to amend his complaint, the action was dismissed, without costs.

The principal facts admitted by the pleadings may be stated as follows: In January, 1920, the petitioner Fortunato...