Reitler v. Harris
Supreme Court of Kansas
Error from Edwards district court; Charles E. Lobdell, judge. STATEMENT. ' This action was brought by the plaintiff in error, January 19, 1907, to recover from the defendant in error 160 acres of land in Edwards county, the title and right of possession to which the plaintiff claimed under a school-land patent from the state. The defendant answered by a general denial. . The case was tried to.the court. Judgment was rendered in favor of the defendant.
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Error from Edwards district court; Charles E. Lobdell, judge. STATEMENT. ' This action was brought by the plaintiff in error, January 19, 1907, to recover from the defendant in error 160 acres of land in Edwards county, the title and right of possession to which the plaintiff claimed under a school-land patent from the state. The defendant answered by a general denial. . The case was tried to.the court. Judgment was rendered in favor of the defendant. Findings of fact were made, which, so far as materia], are in substance as follow: (1) David Thompson, on September 2, 1886, purchased the land…
1Opinion of the Court
*151The opinion of the court was delivered by
Smith, J.:
Upon these facts the court based two conclusions of law, the second of which we will first consider. It is that' on the facts found the plaintiff “is estopped from complaining of irregularities in the forfeiture proceedings against a purchaser in good faith on the strength of such proceedings, and especially against a person who, like the defendant, has paid a large sum for the assignment of the certificate.” In all this there is no element of estoppel, as has in effect been held in every case of defective service of the notice of forfeiture…
2Cases cited4 opinions
- Burgess v. HixonSupreme Court of Kansas · 1907
- Spencer v. SmithSupreme Court of Kansas · 1906
- Knott v. TadeSupreme Court of Kansas · 1897
- Hickert v. Van DorenSupreme Court of Kansas · 1907
3Cited by7 opinions
- State ex rel. Boynton v. Public Service CommissionSupreme Court of Kansas · 1932
- State of Kansas v. MarshallSupreme Court of Kansas · 1915
- Richardson v. Kansas Soldiers Compensation BoardSupreme Court of Kansas · 1939
- Broadie v. CarsonSupreme Court of Kansas · 1910
- Mayse v. BeltSupreme Court of Kansas · 1911
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