160 P. 513 | Mont. | 1916
delivered the opinion of the court.
At a sale of state lands held in Helena, the west half of section 16, township 14 north, range 9 west, was offered for sale in two separate parcels of 160 acres each. Mary M. Danaher was the only bidder for either parcel and was declared to be the purchaser of each at $10 per acre. She paid over to the register of state lands the first installment required by law, and thereafter at a regular meeting of the state board of land commissioners these sales were approved. The governor, as president of the board, and the register refused to issue a certificate of purchase to Mrs. Danaher, and this proceeding in mandamus was instituted.
The. officers interpose as a defense that Thomas Danaher, husband and agent of Mrs. Danaher, conspired with one I. Y. Wood to prevent competitive bidding for the land; that the conspiracy was carried into effect, by reason whereof the state will be defrauded if the relief sought is granted. The trial developed these facts: Mrs. Danaher desired to purchase the entire half section. Wood desired to secure the southwest quarter and came to the sale prepared to bid as much as $13 per acre, if necessary. Just before the sale commenced, Thomas Danaher and Wood agreed that one of them should bid in this quarter-section and that the two should then toss a coin to determine which one should get it. Immediately after the register had declared the two tracts sold to Mrs. Danaher, Thomas Danaher turned to Wood and offered him $150 for his chance, and, the offer having been accepted, Mrs. Danaher drew her check ii
1. The statutes relating to the management and disposition
2. It is insisted that relatrix fails to state a cause of action,
3. Section 43 provides that a purchaser shall be entitled to a
4. The trial court was not precluded from investigating the
It is to be borne in mind further, that mandamus is not a writ
5. Is relatrix bound by the acts of Thomas Danaher? "Whether
The transaction before us bears no resemblance to an agreement between two bona fide prospective bidders to combine their means for the purchase of property to be divided between them. It was intended to stifle competition in bidding and had that
If the purchase of the entire west half had constituted one
A new trial is unnecessary, and the order denying one will be affirmed. The cause is remanded to the district court with directions to grant the relatrix relief to the extent herein indicated.