49 Neb. 857 | Neb. | 1896
In 1890 William Harnan leased from the state certain school-lands in Hall county. Thereafter he assigned the leases to his daughter, Mrs. Langan, the appellant. The assignments were not entered of record in the office of the commissioner of public lands and buildings. Mrs. Langan, however, entered and made certain improvements. Default having been made in the payments of rent, notice was given of a proposed forfeiture of the lease by sending such notice by means of registered letter to Harnan, and also by newspaper publication. In the view we take of the case, it is not necessary to pass upon the validity of the notice. Payment not having been
The statutes most particularly applicable to the case are sections 14 and 16 of chapter 80, article 1, Compiled Statutes. Section 14 provides for the leasing of unsold school lands and contains the following: “Upon a failure to pay the agreed rental for the period of six months from the time said payments are due, the said lease may be forfeited and fully set aside as provided in section sixteen of this act; and no assignment of such lease contract shall be valid unless the same be entered of record in the office of the commissioner of public lands and buildings.” Section 16 provides for the forfeiture of leases, and closes as follows: “The owner of any contract of sale or lease so forfeited may redeem the same by paying all delinquencies and costs at any time before such land is again sold or leased.” A question much discussed in the briefs is whether by the receipt of Binfield’s money and application the land had been again leased before the execution of a formal contract, within the meaning of the last provision. ■ This question we do not find it necessary to consider. The provision of section 14 quoted requires as essential to the validity of an assignment that it be entered of record in the office of the commissioner of public lands
Affirmed.