Midland County v. Slaughter

SPEEE, Associate Justice,

dissenting. — I am forced to dissent from the conclusions of the majority and the grounds of my dissent are fundamental, involving a construction of the constitutional provision vesting the title to school lands in the several counties of the State. I concur in the conclusion, that since plaintiff in error has not sought to rescind or cancel the lease to Scharbauer, the judgment of the District Court must be affirmed unless the lease contract is absolutely void. The majority have held that the lease is void, not because it is a lease, but because of the option feature…