The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1905-12-15
DECISION ON SCHOOL LAND
RISE OF WESTERN LAND CAUSES
IMPORTANT DECISIONS.
One Man Allowed to Redeem After In
terest and Taxes Had Lapsed
for Several Years.

Two important Sixth district land
cases. brought up to the supreme
court by Original proceeding for z
writ OF mandamus have been decided,
in one the mandamus being granted,
and in the other refused.
These decisions win furnish import
ant precedents in other land cases
which are continually coming before
the supreme court since western Kan
sas land began to increase so rapidly
IN value
In the application Of J. 4 True for
a writ Of mandamUs against E z.
Brandt, county treasurer OF Graham
county, the supreme court holds that
the writ should be allowed. This
means that True viii be allowed to
pay to the county treasurer Ss75 and
get a title to a tract OF land worth
$500. The land in question belong
ed to the state school lands. True
filed on it, and had il appraised about
fifteen years ago The value then
fixed on the land was $3.50. True
paid One-tenth Of this amount down
Then he defauIted further payments,
defaulted the interest, defaulted taxes
and everything else
This is a game commonly played by
land spectators. They make their
first payment on a tract, and then
make no more payments until they
find that the land has increased in
value enough to warrant the further
payments
But when True on September p,
1905, proposed to pay over to County
Treasurer Brandt all the accumulated
debts, Brandt refused to accept on the
ground that True no longer had any
Il :
his action for mandamus- The court in
its opinion holds that q speculation in
school lands such as was undertaken
by True is legitimate. 1t says:
PLAINTIFFS stand upon the right Of
a purchaser Of school land to deliber-
ately default in his payments Of in
terest and taxes and in a measure to
speculate upon the rise and fall Of
the market value Of such lands, and
IN event Of a substantial increase in
the value thereof, to come in any time
before a valid forfeiture and redeem
by paying principle, interest and
taxes"
Wilson Had Bad Legal Advice.
In the case Of James H. Wilson, who
lives in Rawlins county and wanted
a mandamUs writ to compel z. L
Winfrey and other members Of a
land as land for settlement, the su-
Dreme court holds that Wilson went
at the thing in the wrong way, and
cannot get his writ The court holds
that the appraisers have no right to
do the thing which Wilson seeks to
mandamus them to do.
IF plaintiff has any remedy by
mandamus," said the court, cit is to
compel the appointment Of appraisers
TO make the appraisement desired
1t seems that in 1901, a tract Of
school land was leased for a period of
i've years. In 1904, the lessee paid all
the rent then due, and the lease was
cancelled The lessee abandoned the
farm, and on the same day, Wilson
moved on He erected a good house,
and, as the court says sis apparently
entitled to purchase as a settler
However, before the old lease ex-
pired, a petition was fled in Rawlins
county. asking that the land be ap-
praised and sold as leased land As
soon as the lease had expired, Wilson
asked that the land be appraised for
sale to actual settlers. The county
superintendent appointed the apprais-
ers under the leased land appIica-
ton, and the appraisers met and ap-
praised under that law. Wilson want
ed them TO appraise the land and the
improvements separately. This they
refused to do, whereupOn Wilson
brought his mandamus suit
Wilson viii have to back UP and
start his case over again, if he wants
TO have his land appraised for sale to
actual settlers instead Of as leased
lands.