Hickert v. Van Doren

Citations

• 76 Kan. 674
• 92 P. 593
• 1907 Kan. LEXIS 311

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School-lands — Resale before Valid, Forfeiture. An attempted resale of school-lands to which the rights of a prior purchaser have not been legally forfeited is without authority of law and is void. ‘ ■</p> <p>2. --— Defective Forfeiture — Rights of Second Purchaser Who Has Acquired Prior Certificate. One who purchased a certificate of sale of school-lands from the proper county officer, in good faith, supposing such larids were legally offerred for sale, but which he afterward learned had previously been sold and to which the rights of the former purchaser or his assignee had not been legally forfeited, may purchase an assignment of the former certificate, and, ignoring the void sale, may proceed to perfect his rights to the land under such certificate,</p> <p>3. -— Tender of Delinquent Payments — Mandamus. In such a case it is the duty of the county treasurer and county clerk to receive all moneys tendered as payment under the assigned certificate by the assignee thereof which might properly have been paid by the assignor, and also to accord to such assignee all rights which theretofore might, have been properly accorded to the assignor.</p>