Medlock v. Board of Supervisors

136 So. 2d 610, 242 Miss. 668, 1962 Miss. LEXIS 580
Mississippi Supreme Court·Decided January 22, 1962·No. No. 42130·Published

Opinion

Gillespie, J.

This is an appeal by Mrs. Mary Birdsong Medlock from an order of the circuit court dismissing her petition for a writ of mandamus. The circuit court dismissed the petition after sustaining a demurrer. Petitioner declined to plead further.

Appellant filed her petition against the Board of Supervisors of Hinds County, Mississippi, for a writ of mandamus requiring the Board to issue to her a ninety-nine year lease to a lot in the Town of Terry, a municipality, which said lot is part of a sixteenth section reserved for the benefit of educable children of the township.

The essential facts alleged in the petition and admitted by the demurrer follow. The entire sixteenth section of which the subject lot is a part was leased on September 6, 1847, for a period of ninety-nine years, ending on September 6, 1946. Appellant and her family have been the owner of said leasehold estate on the lot in question since 1900 and built thereon a residence which has been the home of appellant’s family since that time. Appellant was the sole leasehold owner of said lot on June 20, [673]*6731946, when she made application to the Board of Supervisors for an extension of said lease for another ninety-nine years from September 6, 1946, the expiration date of the original ninety-nine year lease. No action was then taken on said application although appellant made numerous requests that her application be granted. On February 26, 1947, the Board of Supervisors adopted and entered on the minutes a “Declaration of Policy as to Sixteenth Section School Lands,” which was a statement of general policies to govern their actions on the subject. It was therein stated that “Lands presently located within a municipality, as to which a priority for extension exists, shall be leased for terms not exceeding 25 years.”

On March 24, 1948, the Board of Supervisors executed a twenty-five year lease on the lot here involved for an annual ground rental. On the bottom of this lease appears the following: “I (or we) the undersigned do hereby agree to and subscribe to the terms and conditions set forth in the foregoing lease. (Signed) Mary Birdsong Medlock, Lessee.” This lease was duly filed for record and recorded in the office of the chancery clerk. In reference to said twenty-five year lease, appellant alleged she was forced to sign said lease or get out of her home. No other charges of fraud or coercion are made.

Nothing further transpired until August 25, 1960, when appellant filed with the Board of Supervisors her “Petition, Re-application and Legal Demand” for the extension of the sixteenth section lease for a term of ninety-nine years from September 6, 1946, in which appellant set out all the facts and her prayer for the ninety-nine year lease for a gross sum. No hearing* was had on the last petition. Appellant attached to her petition for writ of mandamus copies of two letters from the Board’s attorney written in September 1960 to appellant’s attorney. These letters state that since no facts [674]*674were in dispute the Board did not wish to hear any further arguments of law. Appellant’s attorney was invited to prepare a stipulation of facts and submit it to the Board’s attorney, and then stated, “. . . . and if at that time it is found that any material facts cannot be agreed upon I will ask the Board to hear you on that particular question.” The Board took no further action and it is not alleged that any stipulation was ever prepared.

Numerous contentions are made by the parties, some of which we do not reach since the appeal must fail for two reasons.

Appellant’s entire case is grounded on the contention that the owner of a sixteenth section lease to lands situated in a municipality, upon application prior to or within ninety days after the expiration of such lease, has a vested right of an extension thereof for a term of ninety-nine years for a gross sum, and that upon such application being made the Board of Supervisors has no discretion as to the length of the term, and the Board is required to execute the lease after determining the sum to be paid therefor, and that this is a ministerial duty. Appellees contend that the Board has the discretion to determine the term of the lease within the limits set by the Constitution and the statutes.

The first question is whether the owner of an existing lease of sixteenth section lands situated in a municipality has a vested right to have such lease extended for a term of ninety-nine years from the date of the expiration of the existing lease. We hold that the Board of Supervisors has the sole discretion in determining the length of the term within the limits set by the Constitution and the Statutes.

Section 211 of the Constitution of Mississippi is as follows:

“The Legislature shall enact such laws as may be necessary to ascertain the true condition of the title to [675]*675the Sixteenth Section lands in this state, or lands granted in lien thereof, in the Choctaw Purchase, and shall provide that the Sixteenth Section lands reserved for the support of township schools shall not be sold nor shall they be leased for a longer term than ten years for lands situated outside municipalities and for lands situated within municipalities for a longer term than 99 years, for a gross sum; provided further that existing leases of the Sixteenth Section lands situated in the municipalities of the state may, for a gross sum, be extended for a term of years not exceeding 99 years from the date of such extension, but the Legislature may provide for the lease of any of said lands for a term not exceeding twenty-five years for a ground rental, payable annually, and in the case of uncleared lands may lease them for such short terms as may be deemed proper in consideration of the improvement thereof, with right thereafter to lease for a term or to hold on payment of ground rent, provided, however, that land granted in lieu of Sixteenth Section lands in this state and situated outside of the county holding or owning same may be sold and the proceeds from such sale may be invested in a manner to be prescribed by the Legislature.”

The pertinent provisions of Chapter 399, Laws of 1946, vesting jurisdiction and control of Sixteenth Section lands in the Board of Supervisors of the several counties are as follows:

‘ ‘ Section 1.....The several counties wherein are situated any of such lands have, through their respective boards of supervisors, under the general supervision of the land commissioner, jurisdiction and control thereof, .....”

The pertinent provisions of Chapter 443, Laws of 1946, with reference to the leasing of Sixteenth Section lands are as follows:

“Section 1.....That sixteenth section lands in this state reserved for the support of township schools shall [676]*676not be sold; nor shall such lands be leased for a longer term than twenty-five years for lands situated outside of municipalities, or for a longer term than ninety-nine years for lands situated within municipalities. Existing leases of the sixteenth section lands situated within the municipalities of the state may be extended for a gross sum in the manner hereinafter provided for a term of years not exceeding ninety-nine years from the date of such extension. Any of said lands may be leased for a term not exceeding twenty-five years for a ground rental, payable annually;.....
“Section 3.

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Medlock v. Board of Supervisors, 136 So. 2d 610, 242 Miss. 668, 1962 Miss. LEXIS 580 (Mich. 1962).

136 So. 2d 610 (Medlock v. Board of Supervisors) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.