Thayer v. Davis

The opinion of the court was delivered by

Porter, J.:

This.is an original action in mandamus to compel- the defendant as state auditor to make the proper certificate to the governor so that patents may issue to certain school lands.

The lands consist of the northeast quarter, the southeast quarter, and the southwest quarter of section 16, township 19, range 10 west, in Ness county, originally purchased from the state in 1886 by three settlers thereon who sold and transferred their rights to Eugene M. Thayer on May 7, 1887. Thayer paid the annual interest upon the contracts and all taxes due the…