State ex rel. Smith v. Forrest

The opinion of the court was delivered by

Stiles, J.

— The petitioner, who shows himself to be a qualified person, asks that the respondent, who is the commissioner of public lands, be required to receive §182.16 in full payment for certain tide lands, and issue a certificate of purchase to him therefor, in accordance with the provisions of the second proviso of Gen. Stat., § 2172.

The petition shows that in 1884 petitioner took possession of two separate tracts of tide land in Totten’s Inlet, Mason county, under the provisions of the territorial law to encourage the cultivation of oysters (Code…