State Ex Rel. Holter v. State

Birdzell, Ch. J.

This is an appeal from an order entered in the district court of Burleigh county, sustaining a demurrer to a petition for a writ of mandamus. The petition, aside from the formal allegations, states that on May 3, 1925,-the state treasurer, as trustee for the state of North Dakota, obtained a sheriffs deed to a half section of land in Hettinger county; that thereafter the Bank of North Dakota, acting as agent of the state treasurer, as trustee, leased the land to the petitioner; that the petitioner made a crop listing affidavit whereby the crops growing upon the land in 1925…