39 Kan. 316 | Kan. | 1888
Opinion by
In December, 1883, O’Neill sold to Douthitt & Wyatt a certain tract of land in Elk county, Kansas, for the sum of $7,000, by a written contract, the terms of which were that they were to pay O’Neill $350 cash down; $650 on January 20, 1884; and $6,000 on March 1, 1884,
“ Sec. 383. The usual duplicate receipt of the receiver of any land office, or, if that be lost or destroyed, or beyond the reach of the party, the certificate of such receiver that the books of his office show the sale of a tract of land to a certain individual, is proof of title equivalent to a patent against all but the holder of an actual patent.”
We are therefore of the opinion that the judgment of the court below was wrong, and recommend that the same be reversed.
By the Court: It is so ordered.