§ 36-9-114 — Refund of money when paid by mistake

In case any person, persons or corporation shall pay to the
board of land commissioners any money for any state or school
lands sold to him, or them, or in case any person shall pay into
the state treasury, any money in consideration of the leasing of
lands, which said board supposed to belong to the state, and it
shall thereafter be discovered that such lands do not belong to
the state, and were not subject to sale by the state, as state
or school lands, such money, together with interest-except in
the case of money paid for leases-at the rate of six percent
(6%) per annum from the date of the patent for such lands, but
without interest if they have not been patented, shall be
refunded to the person buying the same, upon certificate from
the board of land commissioners to the effect that such money
has been paid under mistake as aforesaid, such certificate being
accompanied by a verified statement of account thereof, as in
the case of other claims against the state; and upon the
presentation of such certificate to the state auditor he shall
draw his warrant upon the state treasurer for the amount named
in such certificate, if the same is within the limit of any
appropriation of money for said purpose. And it is hereby made
the duty of said board to furnish such certificates upon
ascertaining the fact of the mistake having been made.