Malone v. Peay

This was a suit brought by taxpayers on behalf of the State to enjoin the purchase by State officials of certain lands from the Little River Lumber Company for Park purposes, and in the alternative to recover back the purchase money. A demurrer was overruled on a former hearing (157 Tenn., 429) and the case remanded for answer.

The purchase was made under the authority, as conceived by the State officials, of Chap. 57, Acts 1925, but this Court was of opinion that that Act authorized the purchase of lands in fee simple only, and that the reservation of timber and other rights by the vendor was…