State v. Skelton

Hor/r, J.

Action to cancel a certificate of sale of a 40-acre tract, issued by the state to defendant, and to recover the value of the timber removed. From the order denying a new trial, after findings made directing judgment in favor of the state, defendant appeals.

The complaint alleges that at a sale conducted by the land commissioner, state auditor, on April 17, 1912, the land was “by mistake, and not in accordance with law, sold as land agricultural in character;” that it was in fact timber land; and that the value of the timber thereon was greatly in excess of the value of the land. The…