Aikins v. Kingsbury, 247 U.S. 484 (1918)

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Aikins v. Kingsbury

No. 265

Submitted April 25, 1918
Decided June 10, 1918
247 U.S. 484

ERROR TO THE SUPREME COURT

OF THE STATE OF CALIFORNIA

Syllabus

By the law as it was when he bought, a purchaser of state lands in default as to interest on a deferred payment was liable to have his interest in the land and in the contract foreclosed by a court proceeding begun on summary notice, but subject to his right to redeem by paying interest and costs within 20 days from judgment. An act was passed declaring forfeiture in such cases in which the default had continued for five years and in which the state, prior to the passage of the act, had issued another certificate for the same land to a subsequent purchaser, unless all arrears of interest were paid within 6 months of its passage. Held a change of remedy, not impairing the obligation of the contract of purchase.

One whose contract for the purchase of state lands had been for many years in default for nonpayment of interest both before and after the passage of a law forfeiting such contracts if the interest were not paid within a time stated, and who conceded the default and offered no excuse, held not in a position to object that the law lacked due process in failing to allow time and opportunity for testing the liability to forfeiture in a court proceeding.

170 Cal. 674 affirmed.

The case is stated in the opinion.