Missouri, Kansas & Texas Railway Co. v. Pratt

Citations

• 64 Kan. 118
• 67 P. 464
• 1902 Kan. LEXIS 174

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Land Contest — Decision of Land Department Conclusive. The final decision of the department officers of the land department of the general government in a contest case involving the right of the parties thereto to a portion of the public domain is final and conclusive in this court and is not open to collateral attack, and may not be reexamined except in a proper direct proceeding instituted against the successful party.</p> <p>2. /Contract eor Sale oe Land — Subsequent Oral Agreement— Waiver of Forfeiture. When in a contract for the sale of land the time of making deferred payments is made of the essence of the contract, the parties thereto may orally agree that the time of making the deferred payments specified in the contract may be postponed to await the determination of the right of the vendor to receive title to the land which he agrees to convey; and such oral agreement will constitute a waiver of prompt payment as specified in the contract and estop the vendor from urging a forfeiture of the contract for non-payment by the purchaser at tlw time specified in the contract during the period of such postponement.</p> <p>3. -Inability of Vendor to Convey — Recovery of Taxes Paid. When in a contract for the sale of real estate it is expressly stipulated that the purchaser shall make payment of all taxes and assessments levied against the property, and the purchaser does make such payment in accordance with the terms of the contract, the purchaser may recover taxes so paid from tho vendor upon establishing the inability of the vendor to perform his contract and make conveyance of the property.</p>