Bushey v. Hardin

Citations

• 74 Kan. 285
• 86 P. 146
• 1906 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School-land —• Appointment of Appraisers —• Consent of County Commissioners. Under the provisions of section 6339 of the General Statutes of 1901, relating to the sale of school-land, it is the duty of the county commissioners of a county to give their consent to the appointment of appraisers made by the county superintendent of public instruction of that county in proper proceedings for the sale of school-land, when such appraisers are duly qualified and satisfactory.</p> <p>2. - Sale Subject to a Lease. It is irregular and improper to inaugurate proceedings to sell school-land subject to an existing lease when the sale must occur after the lease has expired.</p> <p>3. - Sale at Expiration of Lease. Whenever a lease upon school-land has expired proceedings to sell such land to actual settlers are proper.</p> <p>4. Mandamus — Res Judicata. Where, upon a trial in the district court, a writ of mandamus has been denied, the judgment of that court will not bar a proceeding in this court for a like writ, founded upon an essentially different transaction, even though between the same parties,</p>