Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1907-02-16
J. 6. HKSON WINS HIS SCHOOL LAND
CASE.

OACL.
One of the most i'm portant opinions
handed down by the Supreme Court
yesterday is that in connection with
a school land forfeiture case from
Trego county. The case is entitled
Burgess against Hixson. The opinion
is practically reversal of former de-
cision and protects the rights of the
second purchaser against the claims
OF the first purchaser whose contract
the State has attempted to forfeit by
forfeiture proceedings
The decision is a blow to spectators
in Kansas school land Many certifi-
Gates have been purchased by specu-
lators from first purchasers who aban-
doned all claims to the land during 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 decision is in line with legis-
lation enacted during the present ses-
sion Senator Buschow introduced
bill 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 Hixson for
possession of school land in Trego
county.
According to the papers filed in the
Supreme Court the facts in the ease
are that one Walton obtained a GER
tificate of purchase in 1885 He paid
no taxes and paid nothing on the con-
tract after 1889. In 1898 the State at
tempted to forfeit his rights, but the
sheriff's return on the notice of for
feiture was defective, and hence the
forfeiture proceeding was Intellectual.
Walton, however, apparently ac-
~quiesced. One Burgess fenced the
land and used it several years. In 1899
the State leased the land to Burgess
as State school land. In 1903 the land
was reappraised and sold to John Hix-
son subject to the lease. In January,
1904, after the lease had expired, Hix-
son took possession and expended
money in making improvements.
Burgess then found Walton in Port
land, Ore, and obtained quit claim
deed from him for a nominal consid-
eration He then rendered to the
county treasurer the back taxes and
the delinquent installments of the
contract and brought suit in eject
ment against HiXson. The District
Court allowed Hixson to keep the
land and the Supreme Court affirmed
the judgment.
In the opinion, which was deliver
ed by 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 GUST
Hixson from this land. but there is
none which would satisfy the con-
science of any court committed 10 the
righteous doctrine that, whenever a
man with notice or means of know
ledge of the facts and of the rights
remains silent for long period of
time and abstains from impeaching a
proceeding divesting him of rights
respecting property so that another
man is induced to believe it has been
acquiesced in as valid, and acting up
ON such belief, is induced to purchase
the property and expend money in its
improvement, the preceding becomes
animpeachable in equity. whatever
its original character may have been.
1t would be superfluous to append a
e. A~er ,,-ix
ciple of such manifest justice, based
as it is, upon the broad foundation of
common honesty. common deceney
and fair dealing. Capital.
A Charter Granted.