Twiggs v. State Board of Land Commissioners
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — No». S. W. Stewart, Judge. Application for a writ of mandate against the State Board of Land Commissioners to compel said board to award to plaintiff the preference right to purchase a certain piece of land situated in Salt Lake County and also to award to and credit plaintiff with the value of certain improvements on the land. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OE EAOTS.
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Appeal from the Third District Court, Salt Lake County. — No». S. W. Stewart, Judge. Application for a writ of mandate against the State Board of Land Commissioners to compel said board to award to plaintiff the preference right to purchase a certain piece of land situated in Salt Lake County and also to award to and credit plaintiff with the value of certain improvements on the land. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OE EAOTS. Plaintiff brought this action to obtain a writ of mandate against the State Board of Land Commissioners to compel said board…
1Opinion of the CourtMcCARTY, J.
Respondent (plaintiff below) bases her claim to a preference right to purchase the land in question upon section 19, c. 80, p. 242, Sess. Laws 1896, which, so far as material in this case, provides: “That when settlers have resided upon, occupied or cultivated any lands granted to the State for school purposes, prior to. the extension of the surveys of the United States over said lands, or who hold the same or the possession thereof, by purchase from the original settlers or their assigns, said original settlers having resided upon or occupied or cultivated such lands prior to the extension…
2Cases cited4 opinions
- Stringfellow v. CainSupreme Court of the United States · 1879
- Hussey v. SmithSupreme Court of the United States · 1879
- Hagar v. WikoffSupreme Court of Oklahoma · 1895
- Fleming v. MaddoxSupreme Court of Iowa · 1870
3Cited by5 opinions
- Ohio Export Trading Co. v. Natl. SuretyOhio Supreme Court · 1926
- Ratliff v. FleenerSupreme Court of Oklahoma · 1914
- Day v. JonesUtah Supreme Court · 1947
- Lewis v. Rickard, Pennsylvania Court of Common Pleas, Mercer County1971
- Salem City v. FarnsworthCourt of Appeals of Utah · 1988