State v. Emmert
Supreme Court of Kansas
Error from Allen District Court. Action on school-land contract executed by Wm. H. Emmert, and R. A. McCulloch, on the purchase by them of certain school lands in Allen county. The contract was executed on the 14th of August 1871, and was for the purchase of forty acres, at the price of $4.50 per acre.
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Error from Allen District Court. Action on school-land contract executed by Wm. H. Emmert, and R. A. McCulloch, on the purchase by them of certain school lands in Allen county. The contract was executed on the 14th of August 1871, and was for the purchase of forty acres, at the price of $4.50 per acre. By the terms •of the contract ten per cent, of the purchase-money was payable in advance, and the residue in ten equal annual installments, with interest at the rate of ten per cent, per annum. On the 14th of August 1876 there was due from Emmert & McCulloch on said contract the sum of $90,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.;
This action was brought by the county attorney of Allen county in favor of the state, for the purpose of having a judicial finding of fact that the conditions of the *547bond or contract of purchase given by the defendants as required by law (see sec. 7, article 14, ch. 122, laws of 1876,) for the purchase of a certain tract of school land therein named and described had not been complied with,'and that the defendants have forfeited their interest in said land by reason of said purchase, together with the money paid thereon, to the state; and…
2Cases cited7 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- United States v. Grundy and ThornburghSupreme Court of the United States · 1806
- Oakland Railroad v. Oakland, Brooklyn, & Fruit Vale RailroadCalifornia Supreme Court · 1873
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1814
- Borland v. LewisCalifornia Supreme Court · 1872
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3Cited by15 opinions
- Baker v. NewlandSupreme Court of Kansas · 1881
- Reynolds v. ReynoldsSupreme Court of Kansas · 1883
- Ewing v. BaldwinSupreme Court of Kansas · 1880
- Logan, Rand & Co. v. Board of CommissionersSupreme Court of Kansas · 1893
- Neer v. WilliamsSupreme Court of Kansas · 1882
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