Thayer v. Davis

Citations

• 86 Kan. 555
• 121 P. 360
• 1912 Kan. LEXIS 337

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mandamus — Sale of School• Lands — Forfeiture—Res Judicata. The holder of the original certificates of purchase of school lands was defeated in an action of ejectment against a subsequent purchaser on the ground that he was estopped to assert against her the invalidity of proceedings brought by the state to forfeit his contracts. Thereafter the subsequent purchaser’s rights to the lands were forfeited. In an action of mandamus by the original purchaser, who has paid the amount due upon his purchase, to compel the state auditor to issue certificates entitling him to patents for the lands, held, that the former judgment in ejectment is no defense to the action and that plaintiff is entitled to the writ.</p>