Legal Opinion

State v. Vicksburg & Nashville R. R.

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 11 opinions

Appeal from the Chancery Court of Hinds County. Hon. W. B. Peyton, Chancellor. The bill was filed by the attorney general to enjoin the said railroad company from receiving, and the state treasurer from delivering, state bonds to the said company amounting to the sum of $218,000, held by the state as the fund arising out of the sale of the agricultural land scrip, granted by congress for a “perpetual fund,” the interest to be used and devoted to the endowment and support of…

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Appeal from the Chancery Court of Hinds County. Hon. W. B. Peyton, Chancellor. The bill was filed by the attorney general to enjoin the said railroad company from receiving, and the state treasurer from delivering, state bonds to the said company amounting to the sum of $218,000, held by the state as the fund arising out of the sale of the agricultural land scrip, granted by congress for a “perpetual fund,” the interest to be used and devoted to the endowment and support of one or more colleges wherein the leading object shall be * * to teach such branches of learning as are related to…

1Opinion of the CourtSimrall, J.

The fund which gives rise to this litigation was donated to the state by act of congress “for the endowment, support, and maintenance of at least one college,” for instruction in agriculture, and the mechanic arts. The grant was accepted by the legislature in 1866. The state thereby assumed to deal with the fund according to the conditions prescribed in the act of congress. It requires no argument to show that the state could only control the fund, so as to make it productive and subserve the purposes of the grant by the action of the political department of the government. Ye accordingly…

2Cited by11 opinions

  1. State v. BryanSupreme Court of Florida · 1905
  2. Ross v. Trustees of UniversityWyoming Supreme Court · 1924
  3. State ex rel. Wyoming Agricultural College v. IrvineWyoming Supreme Court · 1906
  4. Turner v. City of HattiesburgMississippi Supreme Court · 1910
  5. Jagnandan v. Mississippi State UniversityMississippi Supreme Court · 1979

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