Entry and disposal of townsites

58-2601. Entry and disposal of townsites. G.S. 1868, chapter 109, sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11 and Laws 1870, chapter 123, sections 1 and 2, included by reference. [Section 1 of the act is as follows: "In all cases in which any of the public land of the United States in the state of Kansas has been, or shall hereafter be, selected and occupied as a townsite, if the inhabitants of such town shall be at the time incorporated, it shall be the duty of the corporate authorities of such town, or, if not incorporated, then of the probate judge of the county in which such townsite is situated, whenever called on by any of the occupants of such town, and the money, for the entrance of such townsite, furnished, to enter such townsite under the act of congress in such case made and provided." The act of 1870 amended and repealed sections 2 and 12 of the act of 1868. The remainder of the act, not quoted herein, related to the details of entry and disposal of subdivisions of townsites.] History: R.S. 1923, 67-601. CASE ANNOTATIONS 1. Purpose and effect of act of congress considered; rules and regulations for determining rights of beneficiaries; state legislation. Winfield Town Company v. Maris, 11 Kan. 128, 151. 2. Mandamus not proper remedy to compel mayor to execute trust. Independence Town Company v. De Long, Mayor, 11 Kan. 152. 3. Probate judge may enter lands occupied as townsites; title to lands entered by probate judge; validity of deeds. Sherry v. Sampson, 11 Kan. 611. 4. Probate judge to enter lands upon being furnished with entrance money; effect of contract for entry by another person; illegal contract. McTaggart v. Harrison, 12 Kan. 62. 5. Townsite of Independence; section construed. Emmert v. De Long, Mayor, 12 Kan. 67, 80. 6. Deed to person not an occupant; deed not void. Setter v. Alvey, 15 Kan. 157. 7. Land entered by corporate authorities; probate judge cannot appoint commissioners. Allen v. Houston, 21 Kan. 194. 8. Rights as between occupants; paramount title; right to deed. Guffin v. Linney, 26 Kan. 717. 9. Occupant of town land need not be actual resident of townsite. Greimer v. Fulton, 46 Kan. 405, 26 P. 705. 10. Presumption that every man does his duty; validity of deeds. Mathews v. Buckingham, 22 Kan. 166. 11. Interest of occupant subject to attachment before land entered. Fessler v. Haas, 19 Kan. 216. 12. Unoccupied lots conveyed to town company; deeds not set aside. Jackson v. Winfield Town Co., 23 Kan. 542. 13. Probate judge takes title in trust for occupant; party not deprived of right by erroneous award and deed. Rathbone v. Sterling, 25 Kan. 444, 446. 14. Duty of commissioners considered; void tax deed. Doster v. Sterling, 33 Kan. 381, 6 P. 556. 15. Donation by town company to county; not subject to execution; validity of deeds not to be inquired into by strangers. Yoxall v. Comm'rs of Osborne Co., 20 Kan. 581. 16. Expenses of platting townsite; not directly chargeable to occupants. Morgan v. Van Wyck, 5 Kan. App. 520, 48 P. 206. 17. Section cited in considering authority of probate judge. State, ex rel., v. Anderson, 114 Kan. 297, 299, 217 P. 327. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026