Griffith v. Richards

Citations

• 64 Kan. 257
• 67 P. 846
• 1902 Kan. LEXIS 193

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Taxation — School Lands — Voidable Sale — Effect of Patent from State. The statute provides, relative to school lands:</p> <p>“. . . Lands purchased under this act shall be subject to taxation as other lands; in case of non-payment of any taxes charged thereon the said lands may be sold as mother cases, but the purchaser at such sale shall be subject to all the conditions of the bond of the original maker and of the certificate of purchase.”</p> <p>Under this provision, where the land has been sold at such tax sale for an amount substantially greater than the taxes and costs legally chargeable thereon, such sale, being voidable, is not sufficient to cut off the rights of the holder of the school-land certificate and authorize the issuance of a patent to such land by the state to the holder of the tax-sale certificate. And where a patent has been issued to the purchaser at such tax sale, the grantee therein will be decreed to hold the legal title of the land for the benefit of the owner of the school-land certificate and required to convey the same to such owner upon proper payment made on equitable principles.</p>