School District No. 36 v. Gladish
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, .Osceola District; Chas. D. Frierson, Chancellor; STATEMENT BY THE COURT. This suit was instituted in equity by F. O. Hatcher and G. W. Scudamore, as directors of school district No. 36 in Mississippi County, Arkansas, and as individuals and taxpayers of said school district, against S. L. Gladish, as county judge of Mississippi County, and John B. Driver, Jr., C. B. Hall, and W. B. Calhoun, to set aside a lease of sixteenth section,…
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Appeal from Mississippi Chancery Court, .Osceola District; Chas. D. Frierson, Chancellor; STATEMENT BY THE COURT. This suit was instituted in equity by F. O. Hatcher and G. W. Scudamore, as directors of school district No. 36 in Mississippi County, Arkansas, and as individuals and taxpayers of said school district, against S. L. Gladish, as county judge of Mississippi County, and John B. Driver, Jr., C. B. Hall, and W. B. Calhoun, to set aside a lease of sixteenth section, or school land, on the alleged grounds of fraud and illegality in making the lease. Section 16, township 12 north, range…
1Opinion of the Court
Hart, J.,
(after stating the facts). In the case of Mayers et al v. Byrne et al., 19 Ark. 308, the court held that the act of Congress of March 3,1843, providing that school lands shall not be sold without the consent of the inhabitants of the township, etc., was not binding upon the State. The court said:
“If this act of Congress is imperative upon the State, and if a sixteenth section can not be legally sold without a compliance with its provisions, it follows that the sale made in this case was irregular, and that the act of the Legislature affirming it is nugatory.
“But we think that by the…
2Cases cited5 opinions
- Mayers v. ByrneSupreme Court of Arkansas · 1858
- State ex rel. Garland County v. BaxterSupreme Court of Arkansas · 1882
- Conway v. CourseySupreme Court of Arkansas · 1913
- Reichardt v. HoweSupreme Court of Arkansas · 1909
- Widner v. StateSupreme Court of Arkansas · 1887
3Cited by8 opinions
- Askew v. Murdock Acceptance CorporationSupreme Court of Arkansas · 1955
- Tallman v. LewisSupreme Court of Arkansas · 1916
- State Ex Rel. Attorney General v. State Board of EducationSupreme Court of Arkansas · 1937
- St. Paul-Mercury Indemnity Co. v. City of HughesSupreme Court of Arkansas · 1960
- Special School District No. 5 v. StateSupreme Court of Arkansas · 1919
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