Bushey v. Hardin
Supreme Court of Kansas
Original proceeding in mandamus. STATEMENT. This is an original proceeding in mandamus to compel the defendants, who are the county commissioners of Thomas county, to consent to an appointment of appraisers of school-land made by the superintendent pf public instruction of -that county, as provided by section 6339 of the General Statutes' of 1901. The facts are substantially as follow: On January 3, 1900, the land in controversy was vacant and subject to disposal under the…
Read the full summary
Original proceeding in mandamus. STATEMENT. This is an original proceeding in mandamus to compel the defendants, who are the county commissioners of Thomas county, to consent to an appointment of appraisers of school-land made by the superintendent pf public instruction of -that county, as provided by section 6339 of the General Statutes' of 1901. The facts are substantially as follow: On January 3, 1900, the land in controversy was vacant and subject to disposal under the law relating to school-land. On that date the county commissioners leased the land to C. E. Miller for the term of five…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
No adequate reason has been presented ■ by the defendants for refusing to concur in the appointment of the appraisers designated by the superinten-. dent of public instruction. The lease expired January 3, 1905, nearly nine months before this application was made to have the land sold to an actual settler. The law which provides for the sale of leased land clearly, contemplates that such sales shall be made during the life of the lease, and “subject to existing leases.” Such is the language of the statute. Notice of the sale of leased land…
2Cited by3 opinions
- Davies v. BenedictSupreme Court of Kansas · 1907
- Nation v. Board of County CommissionersSupreme Court of Kansas · 1908
- Towns v. MillerSupreme Court of Kansas · 1907