The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-14
! PILES UP CASES.
Boom in Western Land Makes
Law Business.
Much Litigation Over the
Question of Titles.
INTHE SUPREME COURT
Appeals Are Already Making
Their Appearances.
Tax Deed and School Land Ger.
tifcates Points Of Contention.

As the value of western Kansas land
increases the number of land lawsuits
on the doclSets Of the state courts multi
ply with amazing rapidity- The supreme
court docket contains a large portion Of
land cases, and three more new cases OF
this kind We're fled in the supreme court
today
Two of the cases came from Rawlins
county and one from Lane county.
There are two general sources of dis
pute in regard to western Kansas land
titles. One is the tax deed, and the other
is the school land certificate. The great
number of lawsuits arising from These
causes show that. there must have been
a vast amount of careless work done by
the former county OFFICIALS in western
Kansas. In some counties the acts OF
these officials have cast a cloud upon
the title Of thousands Of acres of land,
and vast sums win have to be expended
in litigation to quiet the tides.
In two of the regulation western
Kansas land fights which are constant
ly coming before the supreme court
since land values commenced to in
crease, Judge A. G. T. Cfeiger has held
that the tax deeds upon which the.
plaintiffs base their causes Of action
are invalid The two cases came up
today on appeal from Rawlins county
One of the cases was brought by
Rosa Havel against George w. Sig
wing and the Decatur County Abstract
company. Rosa Havel claimed that
she had title to a quarter section of
Rawlins county land under tax deed.
The court held that the tax deed was
invalid because the sheriff's sale CT the
land was not advertised and executed
in the manner provided by law He
held that Rosa Havel was entitled to
recover $186 which she had expended
in taxes and improvements on the
land, and that the Decatur Abstract
company was entitled to S1,f5S-54s the
amount of a mortgage on the land
Aside from these membranes. the
court held that Sigwing's title was
good. j. p Noble is attorney for the
plaintiff and Dempstef e Scott for
defendant.
Another Rawlins county case Of
similar nature is that of y n. Hastings
against John H Bockhold and others.
The land in controversy in this action
is part of the old holdings of the
Deweys. Hastings got his title through
the Deweys. who had secured theirs
from the holder of q tax title The
court holds that the title was invalid
to start with. and. gives the land to
Bockhold. The costs in the action
ings appeals. J. H Birney and ". S
Langmade are attorneys for BockhoId
and J. P. Noble for Hastings.
A sale of school land in Lane coun-
ty is the foundation of another land
lawsuit which came TO the supreme
court today from Lane county.
G. F. Miller brought suit against II.
E. Towns to secure an injunction 10
keep Towns from taking possession Of
a quarter section of land claimed by
Miller. The land belongs to the state
school land commissioners. and had
been leased by Miller in 1899 for q
period of five years. More than a year
prior to the expiration of the lease.
Towns and others set in motion the
legal machinery for the sale Of the
land. and when it was put up for sale.
bid # in. Miller contended that the
sale was invalid, and when ToWns
started in to plow UP part of the land
which he claimed to have purchas ased,
the Injunction suit was comm enced.
Judge c. r. Lob6ell, who heard the
case, held as follows concerning the
alleged sale of the land:
ct is therefore considered. ordered
and adjudged by the court that the
temporary injunction heretofore gran
ed be and Is made perpetual. That the
county superintendent had no warrant
in law for taking action looking to the
publican sale of said land less than one
year prior to the expiration OF the
lease"
J. D. Lafferty is attorney for Towns
and W. II. Russell for Miller