Legal Opinion

Himes v. Garmon

Supreme Court of Kansas

Decided November 6, 1915No. 19,561Published

Appeal from Stevens district court; George J. Downer, judge.

1Opinion of the Court

The opinion of the court was delivered by

West, J.:

December 21, 1907, plaintiff purchased a quarter section of school land for $760, paying one-tenth cash and receiving a certificate. He paid thereon $41.04 interest December 28, 1908, December 20, 1909, and February 2, 1911. By the strict terms of the statute failure to pay on or before October 21, 1912, worked a forfeiture of the plaintiff’s rights and left the land open to settlement and purchase, the language of the act being that the delinquent party “shall, at the expiration of such .ten-months period, forfeit all right, title and…

2Cases cited8 opinions

  1. State v. EmmertSupreme Court of Kansas · 1878
  2. Baker v. NewlandSupreme Court of Kansas · 1881
  3. Reynolds v. ReynoldsSupreme Court of Kansas · 1883
  4. Ewing v. BaldwinSupreme Court of Kansas · 1880
  5. Mayse v. BeltSupreme Court of Kansas · 1911

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