Legal Opinion

State ex rel. Damman v. Commissioners of School & University Lands

Wisconsin Supreme Court

Decided June 15, 1856PublishedCited by 3 opinions

The relation in this case, shows that at a sale of school and ■university lands, held in the county of La Crosse, on the 13th day of November, A. D. 1851, one John S. Peaselee became the purchaser of three several parcels of land particularly described in the relation, each parcel containing forty acres, for the sum of $50.40 for each parcel, and that he paid at the time of sale, the sum of forty-seven cents on each parcel, being the interest in advance on the purchase price…

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The relation in this case, shows that at a sale of school and ■university lands, held in the county of La Crosse, on the 13th day of November, A. D. 1851, one John S. Peaselee became the purchaser of three several parcels of land particularly described in the relation, each parcel containing forty acres, for the sum of $50.40 for each parcel, and that he paid at the time of sale, the sum of forty-seven cents on each parcel, being the interest in advance on the purchase price of each parcel up to the 1st day of January, A. D. 1852 ; that upon such sale the commissioners of school and…

1Opinion of the Court

By ■the Court,

Cole', J.

We are very clearly of the- opinion that a peremptory writ, of mandamus must be awarded in this ease. On the 13th of November, 1851, when the assignor of •the relator purchased of the commissioners of the school lands, the land mentioned in the relation, the following provisions of •chapter 24 of the Revised Statutes were in full force and operation: ,

Section 15. “ In case of the non-payment of either principal or interest when due, according to the terms of the certificate of •sale, such certificate shall become void from the time of such failure, and the purchaser or…

2Cases cited2 opinions

  1. Green v. BiddleSupreme Court of the United States · 1823
  2. Bronson v. KinzieSupreme Court of the United States · 1843

3Cited by3 opinions

  1. Robinson v. HoweWisconsin Supreme Court · 1861
  2. Lawton v. HoweWisconsin Supreme Court · 1861
  3. Milwaukee Electric Railway & Light Co. v. Railroad CommissionWisconsin Supreme Court · 1913

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