State ex rel. Anderson v. Timme

Certiorari to the commissioners of public lands to bring up for review their action in annulling a certain patent for 3 20 acres of swamp land theretofore issued by them to the relator under ch. 15, R. S., as a pre-emptor of such lands.

The return of the commissioners to the writ of certiorari need not be stated at length. It shows that upon notice to *628the relator, and after a bearing, they annulled the patent in question for alleged fraud in obtaining it. The relator moves to quash the return, claiming that the annulling of the patent for fraud is the exercise of judicial power, which the…