State ex rel. Mann v. Anderson

• Decision Date: 16 May 1889
• Citation: 26 Neb. 517,42 N.W. 421
• Parties: STATE EX REL. MANN v. ANDERSON ET AL., COUNTY COM'RS.
• Court: Nebraska Supreme Court

26 Neb. 517

42 N.W. 421

STATE EX REL. MANN

v.ANDERSON ET AL., COUNTY COM'RS.

Supreme Court of Nebraska.

May 16, 1889.

Syllabus by the Court.

The language of section 30, art. 1, c. 18, Comp. St., held to require a number of votes equal to two-thirds of all the votes cast upon any one question, or for all of the candidates for any one office voted for or to be filled at the election at which is submitted a question of selling the public grounds or buildings of a county, to be cast in favor of such proposition, in order to the adoption of such proposition.I. L. Albert, for relator.

J. A. Price, for respondents.

COBB, J.

This is an application by J. C. Mann, relator, for a peremptory writ of mandamus to the respondents, who are county commissioners of Boone county, requiring them to forthwith accept the offer and tender of the relator to purchase and pay for a certain lot of ground, the property of the county, which, it is alleged, was offered for sale at public auction, to the highest bidder, by the respondents, and bid off by the relator, who was the highest bidder therefor. The relator alleges that on November 6, 1888, the duly-qualified and acting board of commissioners of said county, at a general election holden in and for said county, submitted to the qualified electors of the county, in the form and manner prescribed by law, the following proposition: “Shall the board of county commissioners of Boone county, Nebraska, be authorized to sell the county grounds belonging to said county, being lots one and two in the village of Albion, in said county of Boone, known as the ‘Court-House Square,’ and purchase others in lieu thereof?” That said proposition was duly submitted to the qualified electors, the election was duly held, and the votes cast thereat on the proposition were duly returned and canvassed; that there were cast in favor of the proposition 857 votes, and 332 against it; and that said county commissioners, upon the due return and canvass of the votes cast, by resolution by them duly adopted, declared the proposition to be carried; that on January 11, 1889, said board of commissioners, by resolution duly adopted, subdivided said lots 1 and 2 into six lots and of the said six was one described as follows: “Beginning at a point 22 feet south of the N. E. corner of lot 1 in block 12, and running thence west 132 feet, thence south 22 feet, thence east 132 feet, thence north 22 feet, to the place of beginning.” That on said 11th day of January, 1889, said board of commissioners, by resolution duly adopted, fixed the time, place, and terms of sale of each and all of said six lots, as follows: “To be sold separately, at public auction, to the highest bidder, at one o'clock P. M. March 4, 1889, at Albion, Boone county, on the following terms: The purchase price for each to be paid in three equal payments, the first cash on the day of sale, the second in one year, and the third in two years from the day of sale, both to be secured by mortgage upon the lot sold, and to bear interest at seven per cent. per annum from date of sale.” That the lowest price at which each of the six lots would be sold was fixed, for the first, $2,000; for the second, $1,000; for the third, $1,000; for the fourth, $1,000; for the fifth, $1,000, and for the sixth, $1,500. That, in pursuance of said resolution, said commissioners, on March 4, 1889, at 1 P. M., offered said lots for sale at public auction, to the highest bidder, upon the terms set out, due notice having been given as required by law, at which sale the relator was the highest bidder for the second lot described, which was struck off to him at the price of $1,000. That the relator immediately, on the day of sale, tendered to said board of commissioners one-third of the purchase money for said lot, and also a mortgage on the same, to secure the full purchase price, in conformity to the terms of sale, and was ready and willing to ...