The Goodland republic., 1907-02-15
HEa SCHOOL LAID DECISION
Affected BY RECENT DECISION
WPREE COURT.
Speculation in Old Certificates or Con
tracts Has Been Handed 3
Staggering Blow.

One Of the most important opinions
handed down by the supreme court
last Saturday IS that in connection
with q school land forfeiture case
from TregO county. The case is en-
titled Burgess against HixOn- The op-
inion IS practically a reversal Of for
mer decisions and protects the rights
Of the second purchaser against the
claims OF the first purchaser whose
contract the state has attempted to
forfeit BY forfeit1re proceedings.
The decision IS a bow to specula-
tors in Kansas school land. Many
certificates have been purchased by
Spectators from first purchasers who
abandoned all claims TO the land dur
ing the past year, and hundreds Of
suits have been started to take the
land away from the second purchasers
who have bought them from the state
In good faith.
The dicision is in line with legis-
latiOn enacted during the present ses-
sion Senator Buschow introduced a
bin which seeks to protect the second
purchaser whose land IS tied up by
the same sort OF proceedings brought
IN the present case The bill passed
both houses and has been signed by
the governor.
The case was decided against Bur
CESS in the district court OF TregO
county, and he appealed to the su-
preme court The suit was brought
BY T. J. Burgess against John Hixon
for possession Of school lands in Tergo
county.
According to the papers fled in the
supreme court the facts in the case
are that one Walton obtained a certi-
s. - f.
no taxes and paid nothing on the con
tract after 1889 In 1893 the state
attempted 20 forfeit his righs, but the
shcrffFs return on the notice OF for
feiture was defective, and hence the
forfeiture proceeding was Intellectual
alton, however, apparently acquiesced-
One Burgess fenced the land and used
il several years. In 1889 the state
leased the land to Burgess as state
school land In 1903 the land was
reappraised and sold to John HixOn
subject to the lease In January,
1904, after the lease had expired, Hix-
on took possession and expended mon
ey in making improvements Burgess
then found Walton in Portland, Ore,
and obtained a quit claim deed from
him for a nominal consideration He
then rendered to the county treasurer
the DICK taxes ana the QGnnQlelL IN
stallments Of the contract and brought
suit in ejectment against HixOn. The
district court allowed HiXon to keep
the land and the supreme court af-
vrmed the judgment
In the opinion, which was deliver
ed ~ Mr.. Justice Burch, it is said:
Doubtless cases may be found in
the wavering course OF the develop
ment Of the law OF equitable estOppel
which would allow Burgess to oust
Hixon from this land, but there Is
none which would satisfy the con-
science Of any court committed to the
righteous doctrine that whenever a
man, with notice or means Of know
ledge Of the facts and Of his rights
time and Rbstains from impeaching "a
remains silent for a long period OF
proceeding divesting him OF rights re-
spectng property so that another man
Is induced to believe 1t has been ac-
quiesced n as valid, and acting upon
such belief. is induced to purchase the
property and expend money in its I'M
prOvement the proceeding becomes
unimpeachabIe In equity, whatever It's
original character may have been. 1t
would be superhuOus to append a list
OF authorities in support Of a principle
OF such manifest justice, based as it
IS, upon the broad foundation Of com
mon honesty, common decency and
fair dealing"