Schwab v. Wilson

Citations

• 72 Kan. 617
• 84 P. 123
• 1906 Kan. LEXIS 366

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Injunction—Another Action Pending. Original proceedings in mandamus were begun in this court to compel appraisers of certain school-lands to appraise the land and improvements. While the action was pending and undetermined plaintiff began a suit in the district court to enjoin the county treasurer from selling the same land under other proceedings. Held, that the pendency of the mandamus proceedings in this court did not oust the district court of jurisdiction or prevent that court from granting a temporary injunction.</p> <p>2. Injunction- — Settler upon School-land — Sale of the Land. One who settled upon school-lands with the intention of becoming the purchaser, and who has placed valuable improvements thereon, including a permanent dwelling, and occupies the land with his family as a home, has such an interest in the land, aside from that of the public generally, as will entitle him to maintain a suit to enjoin the county treasurer from selling the land.</p>