Himes v. Garmon

Citations

• 96 Kan. 522
• 152 P. 774
• 1915 Kan. LEXIS 423

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>School Lands — Sale—Default in Payments — Payments Received by the State after Default — Forfeiture Waived. The purchaser of school land under a certificate issued in 1907 made the required payments until he defaulted in the interest installment due December 21, 1911, and by the strict terms of section 12 of chapter 218 of the Laws of 1909 (Gen. Stat. 1909, § 7657), his rights would become forfeited by failure to pay on or before October 21, 1912. In September he wrote the county treasurer for a statement of taxes due on the land and received one containing an incorrect description, and returned it for a correct one which he received October 27. The day before, October 26, he mailed to the treasurer his check for a sum sufficient to cover the taxes and interest due on the land and this interest was credited and turned over to the state treasurer. Held, that the forfeiture was thereby waived, and that the defendant who on October 22, 1912, settled on the land must yield possession to the plaintiff, the original purchaser.</p>