59 Kan. 168 | Kan. | 1898
The matter in controversy between the parties to this proceeding is the validity, of an attempted forfeiture of the rights obtained under a purchase .of school land. A quarter-section of school land in Logan county was sold on January 9, 1886, to W. M. Forbes, who paid one-tenth of the purchase price and obtained a certificate of purchase. The interest on the deferred payments was to be paid annually by the purchaser, as the statute requires. Shortly after the purchase, Forbes transferred his interest to The Abernathy Furniture Company and Miller Hall, and made an assignment of the certificate of purchase to them. Afterward, these joint owners paid the interest upon the unpaid purchase price, annually, for a period of about seven years, for which the county treasurer executed receipts, and these were presented to the county clerk, where proper credits were given.
The facts set forth by the plaintiffs entitled them to the relief which they ask, and, as the case was finally submitted on the averments of the alternative writ, it follows that the peremptory writ must be allowed.