Burgess v. Hixon

The opinion of the court was delivered by

Burch, J.:

The action in the district court from which this proceeding in error arises was one of ejectment. The land in controversy was state school-land. On June 16, 1885, it was sold to Maurice Walton, and a certificate of purchase was duly issued to him. On December 14, 1893, the state attempted to forfeit Walton’s contract. A notice of forfeiture was issued, which the sheriff served and returned. In the year 1903 the land was reappraised and sold to John Hixon, who entered into possession in January, 1904. In April, 1905, Walton quitclaimed his…