Lewis v. Owen
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division ; Guy Fulh, Judge; 1. The complaint states a cause of action entitling plaintiff to mandamus. Acts 1917, p. 1468. 2. The duty of the commissioner is ministerial, purely.
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Appeal from Pulaski Circuit Court, Second Division ; Guy Fulh, Judge; 1. The complaint states a cause of action entitling plaintiff to mandamus. Acts 1917, p. 1468. 2. The duty of the commissioner is ministerial, purely. If he had any discretion, he could not arbitrarily refuse to issue the deed. 62 S. E. 695; 22 L. E. A. (N. S.) 735; 57 S. E. 1099; 80 S. W. 1158; L. E. A. 1916, p. 1148. The land was an island and belonged to the State. 73 Ark. 199; 53 Id. 314; 61 Mo. 345; 117 let. 33; 137 Id. 271; 100 Ark. 28; 17 A. & E. Enc. Law 530; 67 Pac. 564; 84 N. W. 950. The act of 1917 was upheld in…
1Opinion of the CourtSmith, J.
This proceeding was brought by appellants under act 282 of the Acts of 1917, vol. 2, p. 1468. The prayer of the complaint was that a writ of mandamus issue, directing the Commissioner of State Lands to issue appellants a deed or muniment of title to a certain island containing 131.85 acres, surveyed and platted under the directions of such Commissioner by Fulton Patterson, a land surveyor, and described by his field notes as being in sections 20, 21, 29 and 28, township 9 north, range 32 west, the same being an island in the Arkansas River. The complaint recites numerous demands on the…
2Cases cited1 opinion
- Ouachita Power Co. v. DonagheySupreme Court of Arkansas · 1912
3Cited by9 opinions
- Reed v. WilsonSupreme Court of Arkansas · 1924
- State v. GuthrieSupreme Court of Arkansas · 1941
- Conway v. ShuckSupreme Court of Arkansas · 1942
- Jones v. EuperSupreme Court of Arkansas · 1930
- Wunderlich v. CatesSupreme Court of Arkansas · 1948
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