Fraser v. Keck
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; R. H. Dudley, Judge; The county judge acts in .leasing the school lands not as a judicial officer but purely in a ministerial capacity! Mandamus was the proper remedy. 14 Ark. 699; 20- Id. 337; 26 Id. 237; 129 Id. 286; 60 Pac. 367; 112 U. 5. 50. 1. This agreement or contract is in two sections of the statute of frauds and is void.
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Appeal from Mississippi Circuit Court, Osceola District; R. H. Dudley, Judge; The county judge acts in .leasing the school lands not as a judicial officer but purely in a ministerial capacity! Mandamus was the proper remedy. 14 Ark. 699; 20- Id. 337; 26 Id. 237; 129 Id. 286; 60 Pac. 367; 112 U. 5. 50. 1. This agreement or contract is in two sections of the statute of frauds and is void. Act 156, Acts 1905, p. 398; 111 Ark. 336. It was void for lack of description in notice, and the lease was for more than ve years. 2. The act was judicial, as the court had discretion to grant or refuse the…
1Opinion of the CourtMcCulloch, C. J.
A statute applicable only to Mississippi County was enacted by the General Assembly of 1905 (Acts 1905, p. 398) authorizing the county judge to lease the “wild and uncleared sixteenth section school lands” of the county for a term of not exceeding five years.
The statute provides that the lease shall be made on “terms satisfactory to the county judge,” upon the lessee entering into a good and sufficient bond to be approved by said judge. It is also provided that, before leasing any of said lands, the county judge shall cause notice to be given for thirty days of the time and place of the…
2Cases cited1 opinion
- Jobe v. UrquhartSupreme Court of Arkansas · 1912
3Cited by1 opinion
- Vanhoose v. YinglingSupreme Court of Arkansas · 1927