Hickert v. Van Doren
Supreme Court of Kansas
Original proceeding in mandamus. STATEMENT. This is an original action in. mandamus, brought by Bernard Hiekert, the assignee of school-land certificates issued in 1885 to the south half of section 16, township 3, range 38 west, in Cheyenne county, Kansas, to compel the county treasurer and the county clerk to receive plaintiff’s tender of delinquent interest and taxes on the land which have been in default since 1894, and to issue to plaintiff renewal certificates of…
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Original proceeding in mandamus. STATEMENT. This is an original action in. mandamus, brought by Bernard Hiekert, the assignee of school-land certificates issued in 1885 to the south half of section 16, township 3, range 38 west, in Cheyenne county, Kansas, to compel the county treasurer and the county clerk to receive plaintiff’s tender of delinquent interest and taxes on the land which have been in default since 1894, and to issue to plaintiff renewal certificates of purchase to such land, as provided by chapter 477 of the Laws of 1903. Plaintiff’s petition sets out the material facts,…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
This case is entirely analogous to Spencer v. Smith, 74 Kan. 142, 85 Pac. 573, and to Beatty v. Smith, 75 Kan. 803, 90 Pac. 272, as to the service of notice and proceedings to forfeit the rights of the original purchaser of the school-lands in question. Following those controlling decisions it must be held that the attempted service of the notice in the forfeiture proceedings in this case is void, and consequently the proceedings are void and the rights of the original purchaser were not forfeited; and it follows that the plaintiff by a…
2Cases cited3 opinions
- Burgess v. HixonSupreme Court of Kansas · 1907
- Spencer v. SmithSupreme Court of Kansas · 1906
- Beatty v. SmithSupreme Court of Kansas · 1907
3Cited by2 opinions
- Reitler v. HarrisSupreme Court of Kansas · 1909
- Roll v. NationSupreme Court of Kansas · 1910