Roll v. Nation

Citations

• 82 Kan. 675
• 109 P. 392
• 1910 Kan. LEXIS 321

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School Land — Invalid Forfeiture — Rights of Assignee of Original Purchaser. After an attempted forfeiture of a sale of school land a person who, relying upon the regularity and validity of the forfeiture'proceedings, purchases the land, and afterward ascertains that the forfeiture is invalid, may take an assignment from the former purchaser and perfect his rights to the land under such former certificate.</p> <p>2. -Forfeiture — Notice—Assignee—“Purchaser.” Where a purchaser of school land assigns the certificate and the assignment is brought to the knowledge of the county clerk, who enters it upon the records of his office, the assignee will thereafter be deemed to be a “purchaser” within the meaning of the statute providing for forfeiture proceedings; and in such proceedings notice must be served upon him as the statute directs.</p> <p>3. - Notice of Forfeiture Issued Only to Assignor — Second Sale Invalid. Where in proceedings to forfeit the sale of school land the notice is issued to a person who is shown by the record in the county clerk’s office to have assigned his interest in such land to another, and no steps are taken to give notice to the assignee or to any one holding under him, the proceedings can not be upheld and a subsequent sale will -be held to be invalid.</p> <p>4. - Patent — Assignee—Mandamus. Where in such a ease a purchaser who buys the land in good faith, relying upon the ' regularity and legality of the forfeiture proceedings, subsequently ascertains that such proceedings are invalid, and obtains an assignment of the former certificate of sale and completes the purchase thereunder, he will be entitled to a patent to the land; and it will be the duty of the state auditor to make the proper certificate authorizing such patent upon demand.</p>