State ex rel. Johnson v. Commercial State Bank

The state of Nebraska commenced this action to recover the payments and interest due by the terms of a school-land lease. The trial court found for the defendant bank and the state appeals.

The evidence shows that the .school-lands in question were leased to one Ben Brinkema on December 31, 1924, for a period of 25 years and the lease recorded in the office of the board of educational lands and funds. On June 29, 1927, the lessee assigned his interest in the lease to L. E. Smith, this assignment also appearing of record in the of*754fice of the board of educational lands and funds. On March 1,…