Davies v. Benedict

The opinion of the court was delivered by

Porter, J.:

Plaintiff in error is treasurer of Ford county. In a suit brought by defendant in error the district court granted an injunction restraining the *48treasurer from proceeding to sell certain scbool-lands. The correctness of the judgment granting the injunction is the only question for review.

The facts are stipulated, from which it appears that the land is a quarter-section of school-land which in Januáry, 1900, was leased for a period of five years, under the provisions of section 6341 of the General Statutes of 1901. The lease by its terms…