Davis v. Nation

The opinion of the court was delivered by

Porter, J.:

This is an original proceeding in mandamus to compel the state auditor to issue patents to certain school land in Meade county. J. M. Davis, the plaintiff, is an assignee of the original purchasers, and has paid the full amount due on the original contracts. The auditor refuses to issue the. patents because it is claimed that the rights of the original purchasers, through whom the plaintiff claims, were forfeited for *411the nonpayment of interest. He sets up as a further defense that the action is barred by the limitations of the law of 1907.…