The Topeka state journal., 1905-12-12
land DECISIONS.
Two Important Ones Originating
in Sixth District.
Increased Value of Property
Causes Suits.
QUESTION OF DEFAULT
One Man Is Permitted to Redeem
His Land.
MI. Wilson Will Have to Get
Land Reappraised.

Two important Sixth district land
cases. brought up to the supreme court
by original proceedings' for a writ OF
mandamus have been decided, in one
the mandamus being granted, and in the
other refused.
These decisions viii furnish important
precedents in other land cases which
are continually coming before the su-
prene court since western Kansas land
began to increase so rapidly in value.
In the application of ]. T. True for
a writ of mandamus against E. E.
Brandt, county treasurer of Graham
county, the supreme court holds that
the writ should be allowed. This means
that True will be allowed to pay to the
county treasurer 1915 and get title to
a tract of land worth 81 500. The land
IN question belonged to the state school
lands. True filed on it, and had it ap-
praised about Is years ago. The value
then fixed on the land was $3.50. True
paid One-tenth of this amount down.
Then he defaulted 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 tract, and then make no
more payments until they ind that the
land has increased in value enough to
warrant the further payments
But when True on September 21,
1905, proposed to pay over to County
Treasurer Brandt all the accumulated
debts Brandt refused to accent. on the
ground that True no longer had any
right to the land. Then True brought
his action for mandamus. The court in
its opinion holds that a 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 deliberately
default in his payments of interest 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 there
of, to come in any time before a valid
forfeiture and redeem by paying prin-
cipal, 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 E. L. Win
frey and other members of d board Of
appraisers to appraise his land as land
for settlement, the supreme court holds
that Wilson went at the thing in the
wrong way, and can not 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 man
darnus,' ~ said the court, .'it is to COM
pei the appointment of appraisers 10
make the appraisement desired
1t seems that in 1901, tract of school
land was leased for period of h--e
years. In 1904, the lessee paid all the
rent then due, and the lease was can
celled. The lessee abandoned the farm,
and on the same day, Wilson moved on.
He erected a good house. and, as the
court says lis apparently entitled to
purchase as a settler
However, before the old lease expir-
ed, petition was filed in Rawlins
county, asking that the land be apprais-
ed and sold as leased land. AS soon as
the lease had expired. Wilson asked
that the land be appraised for sale .
actual settlers. The county superintend-
ent appointed the appraisers under the
LEASED land" application, and the ap-
praisers met and appraised under that
law. Wilson wanted them TO appraise
the land and the improvements separ-
ately. This they refused to do, where
upon Wilson brought his mandamus
suit.
Wilson will have to back up and
start his case over again if he wants to
have his land appraised for sale to act
ual settlers instead Of as leased lands.