State Ex Rel. Boorman v. State Board of Land Commissioners

This is an appeal from a judgment of the district court of the ninth judicial district quashing an alternative writ of mandate theretofore issued and dismissing the petition of appellants.

The proceeding involves the right of the State Board of Land Commissioners, hereinafter referred to as the board, to sell state land within the limits of a city or town or within three miles of such limits, except in alternate tracts of five acres each, and refund of the purchase price when not so sold.

The Northern Montana Lumber Company, a corporation, contracted to buy 160 acres of common school land from…