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· 6/11/1910

Schmidt v. Nation

Citations

  • 82 Kan. 821
  • 109 P. 396
  • 1910 Kan. LEXIS 345

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School Land — Assignment of Certificate of Purchase — Improvements — Patent. Where a purchaser of school land sells his right to the land and the improvements to another, and' assigns his certificate and gives possession to such other, the assignee becomes the owner of the improvements; and when he has completed the purchase under the certificate by full payment of the purchase price he is entitled to a patent.</p> <p>2. -Improvements — Ownership. In such a case the state does not become the owner of the improvements, and a sale • of the land for the appraised value thereof separate from the improvements is proper.</p> <p>3. -Patent — Duty of State Auditor. In such a case the , assignee of the certificate, who has paid the state the purchase price of the land in full, is entitled to a patent, and it is the duty of the state auditor upon demand to make the proper certificate for such patent.</p>

Judges: Graves

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