State ex rel. Anderson v. Timme
Wisconsin Supreme Court
MANDAMUS to the Commissioners of the Public Lands. On the petition of the relator an alternative writ of mandamus issued out of this court, directed to the commissioners of the public lands, commanding them to issue to the relator a patent of a certain quarter-section of land therein described, or to show cause to the contrary thereof on a certain day therein specified.
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MANDAMUS to the Commissioners of the Public Lands. On the petition of the relator an alternative writ of mandamus issued out of this court, directed to the commissioners of the public lands, commanding them to issue to the relator a patent of a certain quarter-section of land therein described, or to show cause to the contrary thereof on a certain day therein specified. The petition for the writ alleges all facts essential to a valid preemption of sncli land by the relator, and his right to a patent thereof by virtue of the statute in that behalf. R. S., 109, secs. 196-200. It also alleges…
1Opinion of the CourtLyob, J.
It cannot be doubted that the return of the commissioners to the alternative writ of mandamus contains averments of fact which show that the preemption claimed by the relator is false and fraudulent. His occupancy of the land for agricultural purposes, and the making of the required improvements, both of which are essential to a valid preemption, are expressly denied in the return. Hence, the return, if true, is fatal to the remedy which the relator seeks to enforce, unless the- commissioners are barred from defending against the relator’s claim to the land.
It is maintained on behalf of the…
2Cited by4 opinions
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- State ex rel. Anderson v. TimmeWisconsin Supreme Court · 1888