The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-14
He Has An Option at Fifty Cents An
Acre From the Former
State Board
CASE TO BE HEARD HERE SEPTEMBER %
The Summons Was Served on the Governor
Late Yesterday Afternoon. He
Quite Confident Of Winning
the Suit.


terday in the Governors office and again
refused to sign deeds presented 5y X g.
Finch, for certain swamp lands on which,
the State Board of Education, during
him an option.
The board indicated it's purpose mover
to confirm the sale of the land or sign
the deeds, for the reason that the best
spots of land are picked out by the our
chaser and the worthless parts are left
This, the board contends, was not the
with Finch.
On receiving this decision, Mr. Finch
with his attorney proceeded to institute
suit against the board to compel it to
convey the land to him, under contract
made with the former board.
The suit is entitled K S. Finch and
Horton Corwin VS.. State Board of Edu-
cation and is in the nature of a petition
for mandamus. The summons is made
retnrnable before Judge Robinson at
chambers here on September 23rd
The plaintiffs allege in their complaint
authorized to sell and convey the State
swamp lands. at such time and in such
way as it may deem proper provided it
does not sell at price less than 1914
conts per acre.
That by virtue of this power the State
Board of Education did, on the 10th day
Of August, 1899, by contract in writ
ing, agree to sell to the complainant
*. S. Finch certain swamp lands at the
price of 5 cents per, acre; land the de-
PENDANT by said contract agreed to con-
vey to- the said X. S. Finch or his as
signs in fee simple, any part of the said
lands. not less than 1000 acres, upon
the payment to the said defendant, the
price of so cents per acre, at any time
within one year from the 18th day of
February, 190O'
That on December 18th, 1900, this con-
tract between the board and Finch was
renewed, to be binding for one year, com
mencing on the 18th day of February 1901
The complainant Finch. acting under
the authority vested in him by this con-
tract, advertised the land for sale at
considerable cost and contracted to sell
tract of land 1,9S7 acres) in Tyrrell
county to Horton Corwin, Jr. and the
plaintiffs caused these lands to be sur
vcyed, and more than five months ago
submitted this survey to the board for
approval; and since that time has ten
dered the purchase price ($99367) to the
defendant and demanded the said defend
ant TO execute the deed for said lands
to tn said Horton Corwin, Jr., and the
Plaintiffs have caused to be prepared a
deed for said lands and have submitted
the said deed mere than five months tt
the said defendant for execution
That the board has refused to accept
the price so rendered and has refused
TO execute the deed.
That thereafter Finch sold 2,72O acres
CT the lands lying in Tyrrell county to
Horton Corwin. Jr, and the beard re-
fused to accept the price (S1,360) for this
also, or to execute the deed.
That the plaintiffs are ready and will
ing to at any time pay the purchase
rice for the lands upon the delivery
OF a deed thereto
Wherefore the plaintiffs pray judg-
ment:
Il. That the defendant show cause be-
fore Hon. w. S. OBJ. Robinson, judge
II bis chambers in the city of Raleigh
On Monday. the 23rd day of September
why a peremptory order should not be
made by the court directing that they
execute deed or deeds to Horton Cor
VIM Jr conveying to him in fee simple
tho two tracts of land, described in the
above complaint for which deeds have
teen presented to the defendant for exc
cution, upon payment of the purchase
rice of 30 cents per acre.
% That such peremptory order be
made
IS. That such orders and DEGREES az
nay be deemed necessary and proper DE
made and that tho plaintiffs recover their
costs in this action
The summons was served late yester-
Cay afternoon on Governor Aycock, in
lis office, he being ex-officio chairman
Of the State Board of Education. The
ether members Of il arc the Secretary OF
state, Treasurer, Auditor, Attorney Gen
cral ard superintendent of Public In
struction
hftcr the papers had hccn served or
him. the Governor remarked that Tho
board lad no fears of the suit. He sale
Mr.. Finch had an option on 100000 acres
Of State swamp lands, but that he hat
taken out the best tracts in it ant
wanted deed to it, leaving the worth
less part of his option on the board s
hands.
FEDERAL Annn;ufmants