State Ex Rel. Board of University & School Lands v. Hanson

Burr., Ch. J.

This is an- appeal from the judgment of the lower court denying a writ of mandamus requiring the defendant, as commissioner of university and school lands, to satisfy a real estate mortgage upon payment of the money “borrowed from the school funds of this state through the board of university and school lands,” the pay ment tendered being tbe face of tbe loan and the amount of taxes paid by the board, but not including the accrued interest on the loan or on the taxes.

Section 156 of the Constitution says: “The superintendent of public instruction, governor, attorney general,…