Legal Opinion

State ex rel. Byrne v. Harvey

Wisconsin Supreme Court

Decided March 6, 1860PublishedCited by 2 opinions

ALTERNATIVE WRIT OP MANDAMUS. The alternative writ in this case showed that one Ralph Gyles had obtained a loan of school money, and secured its payment by a mortgage upon an eighty acres of land, in Dane county; that the loan being unpaid, the land became forfeited, and the school land commissioners advertised the land for sale, on the 13th of December, 1859, at the capital; that on that day the land was struck off to the state, and afterwards, on the same day, the land was…

Read the full summary

ALTERNATIVE WRIT OP MANDAMUS. The alternative writ in this case showed that one Ralph Gyles had obtained a loan of school money, and secured its payment by a mortgage upon an eighty acres of land, in Dane county; that the loan being unpaid, the land became forfeited, and the school land commissioners advertised the land for sale, on the 13th of December, 1859, at the capital; that on that day the land was struck off to the state, and afterwards, on the same day, the land was again offered for sale, and Byrne purchased it, in the name of William Owen, a subsequent purchaser from Gyles, and…

1Opinion of the Court

By the Court,

Paine, J.

We think the motion to quash the alternative writ in this case must be granted. The writ was sued out to compel the secretary of state to issue a patent for certain forfeited mortgaged lands, which the relator claims to have bid in, on a re-sale. The obvious answer to the application is, that the secretary of state is not authorized by law to issue the patent, even if the relator were clearly entitled to it. The school land commissioners are required to issue patents, and the statute provides that they shall be signed by the governor, and this court has frequently…

2Cases cited1 opinion

  1. Krebs v. DodgeWisconsin Supreme Court · 1859

3Cited by2 opinions

  1. State ex rel. Comstock v. Joint School District No. 1 of ArcadiaWisconsin Supreme Court · 1886
  2. Woods v. SheldonSouth Dakota Supreme Court · 1896

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API