Petersilie v. McLachlin

Citations

• 80 Kan. 176
• 101 P. 1014
• 1909 Kan. LEXIS 41

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School-land — Forfeiture — Evidence. Where a new purchaser of school-land who is the defendant in ejectment seeks to show a valid forfeiture of the plaintiff’s contract, and offers parol or other testimony to supply omissions in a defective return of the notice of forfeiture, the testimony, while competent for the purpose under the provisions of section 1 of chapter 373 of the Laws of 1907, is not conclusive or binding upon the court. Its weight and credibility are to be passed upon the same as any other controverted fact, and a judgment in favor of the plaintiff in such a case amounts to a finding against the validity of the forfeiture proceedings on the weight of evidence.</p> <p>2. Constitutional Law — Legislative Declaration of the Truth of Facts — Invasion of Province of the Judiciary — Due Process of Law. Section 3 of chapter 373 of the Laws of 1907, so far as it attempts to make the posting in the office of the county clerk of a copy of a notice of forfeiture of school-land conclusive evidence of proper service of such notice, is a legislative declaration of the truth of facts — an invasion of the province of the judicial department of the government, to which alone belongs the power to inquire whether facts upon which rights exist are true or false. For this reason, and because it denies to the holder of the original certificate due process of law, it is unconstitutional and void.</p>