True v. Brandt

Citations

• 72 Kan. 502
• 83 P. 826
• 1905 Kan. LEXIS 382

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School-lands — Default—Void Proceedings to Forfeit Contracts — Subsequent Payments — Mandamus. Where proceedings were had in 1898 to forfeit school-land contracts under section 2 of chapter 161, Laws of 1879 (Gen. Stat. 1901, § 6356), which were void, and the purchasers under the contracts afterward tendered to the county treasurer payment of the principal, with interest and delinquent taxes, before any other proceedings had been begun and before the rights of third parties had intervened, upon a refusal of the treasurer to accept the payments mandamus will lie to compel him to receive the same and to issue his duplicate receipts therefor.</p> <p>2. - Sheriff’s Return of Notice of Forfeiture. A sheriff’s return of service of notice of forfeiture of school-land contracts which states that he “found no one in pbssession” of the land is not a finding or return that no one was in possession, and a forfeiture cannot be based upon such a return.</p>