State ex rel. Marshall v. Butler County

— This is an original mandamus suit, in which the relators seek to require the defendants, who are Butler county and the judges of the county court, to pay, out of the proceeds of swamp and overflowed lands now in its treasury, a judgment rendered against the county on account of its liability under a contract made with relatora in its capacity as trustee of those lands.

The record shows that title to a large quantity of such lands had, under an act of the General Assembly in 1868, passed to the county in trust for school purposes, and that in 1895, through causes which it would be useless now…