delivered the opinion of the court.

■Eelator seeks a writ of mandamus to the respondent requiring him to reinstate a purchase of school land which had been awarded to relator and thereafter declared forfeited. Eespondent answered, setting up facts which would defeat the relator’s right. This presents a case involving disputed issues of fact, which this court can not try. Wooten v. Rogan, 96 Texas, 434.

It is therefore ordered that the case be dismissed.

Justice Hawkins did not sit in this case.'

Dismissed.