Legal Opinion

Cronk v. Shoup

Supreme Court of Colorado

Decided March 7, 1921No. 9771PublishedCited by 6 opinions

Action in mandamus to compel the state board of land commissioners to issue a patent for state land. Demurrer to writ sustained and proceedings dismissed. Error to the District Court of the City and County of Denver, Hon. Henry J. Hersey, Judge.

1Opinion of the CourtJustice Burke

March 3, 1909, the State Board of Land Commissioners (hereinafter referred to as “The Board”) sold 160 acres of state land to the plaintiff in error, who, having complied with the terms of his certificate of purchase by making all the required payments, demanded a patent, which defendants in error refused. Complaint was thereupon filed, alternative writ of mandamus issued, demurrer thereto for want of facts sustained, and the proceedings dismissed. To review that judgment plaintiff brings error.

The certificate in question contains the following clause:

“Reserving, however, to the State of…

2Cases cited4 opinions

  1. De Peyster v. . MichaelNew York Court of Appeals · 1852
  2. Walpole v. State Board of Land CommissionersSupreme Court of Colorado · 1917
  3. Gunter v. WalpoleSupreme Court of Colorado · 1918
  4. Kerlee v. SmithMontana Supreme Court · 1912

3Cited by6 opinions

  1. State Ex Rel. Cross v. Board of Land CommissionersWyoming Supreme Court · 1936
  2. Campbell v. Flying V Cattle Co.Arizona Supreme Court · 1923
  3. White v. WhiteWest Virginia Supreme Court · 1929
  4. Miller v. Limon National BankSupreme Court of Colorado · 1931
  5. Driscoll v. State Board of Land Commissioners of ColoradoCourt of Appeals for the Eighth Circuit · 1927

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