People ex rel. Heather v. Pritchard
Michigan Supreme Court
Mandamus. This was an application to compel the Auditor General to execute deeds for certain swamp lands. It was based upon the following petition: “ Your petitioners, Edmund Heather and David W- Allison, of the County of Saginaw, in the State of Michigan, respectfully represent: That by virtue of an act of .the Congress of the United States, approved the 28th day of September, 1860, entitled “An Act to enable the State of Arkansas and other states to reclaim the ‘Swamp…
Read the full summary
Mandamus. This was an application to compel the Auditor General to execute deeds for certain swamp lands. It was based upon the following petition: “ Your petitioners, Edmund Heather and David W- Allison, of the County of Saginaw, in the State of Michigan, respectfully represent: That by virtue of an act of .the Congress of the United States, approved the 28th day of September, 1860, entitled “An Act to enable the State of Arkansas and other states to reclaim the ‘Swamp Lands’ within their limits,” there was granted to the State of Michigan, amongst others, the following lands, in the lower…
1Opinion of the Court
Graves J.
The only question raised, by the return to the writ in this case, is whether the contract mentioned therein, for constructing a portion of the Saginaw, Gratiot and Newago State Eoad, entitled the contractors, or their assignees, to select any swamp lands, to be received in payment, which were not subject to entry at private sale. It is maintained, on the part of the respondent, that the selection of any such lands, not subject to private entry, was unauthorized, while, on the other hand, the relators contend that -any swamp lands of the state, in the lower peninsula, were subject to…
2Cited by1 opinion
- Gustin v. Commissioner of State Land OfficeMichigan Supreme Court · 1901