Davies v. Benedict

Citations

• 75 Kan. 47
• 88 P. 536
• 1907 Kan. LEXIS 10

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School-lands — Abandonment by Lessee — Entry by a Settler before the Lease Expired. When school-land has been leased for a term of years under section 6341 of the General Statutes of 1901, and the lessee is long in arrears for rent and has abandoned the land, although no steps have been taken to forfeit the lease a settler who enters upon the land the day before the lease expires by its terms is not a trespasser as against the state, and can acquire the rights of a settler when his occupancy continues without interruption and he makes valuable and lasting improvements with the intention of purchasing the land as a settler.</p> <p>2. - Sale as Leased Land after Expiration of Lease — Injunction. Where school-land is leased for a term of years and the lease has expired injunction will lie at the suit of- one claiming rights on the land as a settler to enjoin the county treasurer from selling the same as leased lands.</p>