The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-26

for withholding said premises from
said plaintiff amount to $500:
Wherefore plaintiff asks judgment
Tor the delivery of said real estate and
| for said sum of $500, together with in
terests and costs of suit and all other
proper relief"
To this the defendants file answer in
| detail, showing their rights which
| they claim to be in part as follows:
| Under the statutes of the state OF
| Kansas, authorizing the sale of school
lands, 1t is provided that payment for
| sdlo lands may be made over a period
| or years in installments of purchase
| money and interest thereon; and it is
| further provided in the laws of said
| state that in the event purchaser of
! SAID school lands fails on the coming
due of any installment of purchase
| money or interest to pay the same,
I all right and interest in said land I'M
der the contract of purchase there
| for shall be subject to forfeiture, and
tnat 1t shall be the duty of the county
clerk OF the county, in which the land
may be situated, to issue to said pur-
CHASER a notice of his default to be
served, upon him, whereupon, and
within sixty days from the service of
said notice, unless said defaults should
De corrected and said purchase money
or interest paid, all rights and interest
of said purchaser in said lands under
SAID contract of purchase shall cease
and be determined"
plaintiff sets forth in the following ex-
tract of the reply:
And plaintiff AYERS that on May 2,
1887, for a valuable consideration,
said John Schmidt. sold, assigned and
transferred said contract and all his
interest in said land to one John
schmidt and said assignment was duly
entered of record in the office of the
county clerk Of Decatur county, Kan,
on said May 2, 1887, and this plaintiff
ever since said time has held said con-
tract of purchase and now holds the
same and is the owner of said land
therein described and he denies that
any notice of default of any payment
or payments of interest due on said
contract was ever issued or served
upon plaintiff or his assignors and he
denies that his rights under said con-
tract and in and to said land were ever
forfeited as is provided by the laws of
Kansas.
THAT thereafter. January 20, 1885,
said John c. Schmidt and John
Sch midi and this plaintiff paid the an
nual interest on the unpaid purchase
price of said land to the county treas |
urer of Decatur county, Kan, and also
paid to said treasurer the taxes due |
and accruing on said land each year |
up to and including the year 1897. |
But owing to financial depression and |
hard times plaintiff defaulted in sub |
sequent payments.
THAT in 1903 the legislature of the |
by purchasers of school land in the |
state of Kansas are given 20 years adj |
ditional from the passage of the said |
law in which to pay delinquent inter |
est and taxes upon which default had |
been made on school land contracts, |
and on April 6, 1907, plaintiff rendered |
to the county treasurer of Decatur |
Kan, the entire balance due |
to the state of Kansas from plaintiff |
on the school land contract referred |
to in the answer. including the entire |
balance of principal and all taxes due
and unpaid together with all interest
on said principal and taxes according
to the terms of said contract and the
laws of the state of Kansas. Said ten
der being made in lawful money of
the United States and demanded of
said county treasurer a receipt there
for as by law provided, which tender
the said county treasurer refused to
accept and this plaintiff at all times |
since making said tender has been and
is now able, ready and willing to pay
the balance due on said school land I
contract according to law