Knott v. Tade
Supreme Court of Kansas
Original proceedings in mandamus. This was a proceeding in mandamus, brought originally in this court, to compel the County Treasurer of Decatur County to accept interest payments due on a school-land purchase and issue receipts therefor, and to compel the County Clerk of the same county to countersign the receipts when issued. No return to the alternative writ was filed, but the case was heard and disposed of upon an agreed statement of facts.
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Original proceedings in mandamus. This was a proceeding in mandamus, brought originally in this court, to compel the County Treasurer of Decatur County to accept interest payments due on a school-land purchase and issue receipts therefor, and to compel the County Clerk of the same county to countersign the receipts when issued. No return to the alternative writ was filed, but the case was heard and disposed of upon an agreed statement of facts. From the agreed statement it appears that, up to October 20, 1892, the interest had been paid; but that none had been paid since, when, March 6, 1894,…
1Opinion of the CourtDoster, C. J.
This case is presented upon an agreed statement of facts submitting a question as to the right of the assignee of a school-land purchase to set aside a forfeiture of the same for non-payment of an installment of interest due thereon.
The original purchaser, one S. F. Colby, assigned his contract to one E. E. Stewart, from whom, by successive assignments, it passed to the plaintiff, who, failing to make the interest payment spoken of, suffered the forfeiture in question. The assignment to. the plaintiff was not recorded in the office of the County Clerk, in which respect this case is unlike…
2Cited by8 opinions
- Spencer v. SmithSupreme Court of Kansas · 1906
- Jones v. HickeySupreme Court of Kansas · 1909
- Abernathy Furniture Co. v. SpencerSupreme Court of Kansas · 1898
- Reitler v. HarrisSupreme Court of Kansas · 1909
- Fear v. BarwiseSupreme Court of Kansas · 1914
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