Muller v. Carey

Sharpstein, J.:

It is claimed by counsel on both sides, that from the time of the passage of the act of April 4th, 1870, amending that of March 28th, 1868, until the Political Code was adopted, there was no law under which lien land could be disposed of by the State. In support of this they cite two- unreported decisions of this Court—Silver v. Mullan, No. 5935, and Boggs v. Mullan, No. 5637. We will assume that the learned counsel are correct, and consider the case in that light.

It appears from the agreed statement of facts and by the finding of the Court, that the appellant Carey, on the 9th…