Clapper v. Skeen

Citations

• 79 Kan. 301
• 99 P. 590
• 1909 Kan. LEXIS 179

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School-land—Settlement. In order to make a valid settlement upon school-land the settler must go upon the land with the intention of making it his permanent abode, perform such acts as will clearly evidence such intention, and consummate the intention by actual physical occupation of the land as a permanent residence; but the law allows him sufficient time in which to complete the various necessary steps, if he is diligent and unremitting in the'faithful execution of his intention.</p> <p>2. - Leased Land—Settlement. It avails nothing for a person desiring to settle upon school-land covered by a lease which is about to expire to go upon the land, build a house and establish a residence there for himself and family, although he does so with the lessee’s consent, and, therefore, is not a trespasser. He can perform no valid act of settlement until.the lease terminates. When the lease expires he must perform original acts of settlement, and, to give him a superior right, must do so before any one else settles.</p>