Legal Opinion

Lawrence v. Booth

California Supreme Court

Decided July 1, 1873No. 3,752PublishedCited by 9 opinions

Application for writ of mandate to the Supreme Court. Under the Act of March 28th, 1868, for the management and sale of the lands belonging to the State, certain lands in Kern County were sold to various parties by the State, and the purchasers paid into the Treasury of the State twenty per cent of the purchase money and the first year’s interest, amounting in each case to one hundred and twelve dollars, and received therefor certificates of purchase.

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Application for writ of mandate to the Supreme Court. Under the Act of March 28th, 1868, for the management and sale of the lands belonging to the State, certain lands in Kern County were sold to various parties by the State, and the purchasers paid into the Treasury of the State twenty per cent of the purchase money and the first year’s interest, amounting in each case to one hundred and twelve dollars, and received therefor certificates of purchase. After-, wards, the purchasers having failed to pay the balance of the purchase money for the lands and the interest thereon, they became…

1Opinion of the Court

By the Court, Niles, J.:

Application for a mandamus to compel the State Board of Examiners to allow the claim of the petitioner for the costs *189of publication of summons in suits brought to foreclose the interests of defaulting purchasers of school land, to the full amount taxed by the District Court.

The case turns upon the construction of the sixty-seventh section of the Act to provide “for the management and sale of the lands belonging to the State.” (Stats. 1867-8, p. 527.) In prescribing the mode of procedure against a defaulting purchaser of State lands, it provides for the taxation by the…

2Cited by9 opinions

  1. Millholen v. RileyCalifornia Supreme Court · 1930
  2. County of San Luis Obispo v. GageCalifornia Supreme Court · 1903
  3. Sullivan v. GageCalifornia Supreme Court · 1905
  4. Scott v. BoyleCalifornia Supreme Court · 1912
  5. U'ren v. State Board of ControlCalifornia Court of Appeal · 1916

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