John Hessin Clarke

“ The purchaser paid interest to January 1, 1873, and nothing further for thirty-eight years, when, on October 26, 1911, a state official, without authority to waive the default, accepted the amount of the unpaid purchase money and interest from the plaintiff in error, as transferee of the certificate, who thereupon demanded a patent for the land, which was refused for the reason that on December 29, 1886, a certificate of purchase for the same land had been issued by the state to Michael Phillips, on which the principal and interest was paid in full on August 28, 1911. ”

“ The right of the state to foreclose such a contract for default in payment, and the right of the purchaser to redeem after a default decree, relate to the remedy as distinguished from the obligation of the contract, and both of these rights are constitutionally subject to modification by the state, within limits which were not exceeded in the act before us, as is decided in Wilson v. ”

“ He who would successfully assail a law as unconstitutional must come showing that the feature of the act complained of operates to deprive him of some constitutional right. Tyl r v. Judges, 179 U.S. 405, 21 Sup. ”