Smith v. Lassen

MOLLOY, Judge.

The appellee, Obed M. Lassen, State Land Commissioner, in a motion for rehearing, has called our attention to A.R.S. § 37-281, subsec. C, adopted by Chapter 89, Laws of 1941, which the Commissioner contends changes the rule of State ex rel. Mullen v. Hedrick, 51 Ariz. 180, 75 P.2d 366 (1938), which decision was cited in the opinion heretofore released in this action.

The Commissioner contends that the 1941 amendment was specifically adopted by the legislature to change the rule of Mullen v. Hedrick, and of this we have no knowledge. The wording of the 1941 amendment, however,…