5 Kan. 229 | Kan. | 1869
By the Court,
R. R. Rees purchased a piece of land from the United
Note : Consideration. We know of no good or valid reason why ° the plaintiff should not recover from the defendant, Young, the full amount of the note sued on. Young cannot plead a want, or failure of consideration, for he has obtained all that he contracted for; everything that he had any right to expect, and that too, in pursuance of his contract, and as a consideration for the same and for the note sued on.
Il1T.EGA.T1 Consideration Neither can he claim that the note was given 0 orL an pQega] contract, or on a contract in contravention of public policy. At the time the contract was made the land, which was the subject matter of the contract, belonged to Jeremiah Clark and not to the United States, and was a legitimate subject of contract. In the case of Carroll v. Safford, [3 Howard, 441,] the Supreme Court of the United States held this language; “When the land was purchased and paid for it was no longer the property of the United States, but of the purchaser. He held for it a final certificate, which could no more be cancelled by the United States than a patent ***** Now, lands which have been
This case, when it was formerly before this court, [4 Kas., 1,] presented a very different question from the one now presented, and the decision then is not at all applicable as authority in the case as it is now presented.
The judgment of the court below, as between the plaintiff and the defendant, Young,, must be reversed, and the cause remanded with the order that the said court enter judgment upon its findings, in favor of the said plaintiff, and against the said Young, for the amount of said note and interest as there found, and the court will enter judgment in favor of the said defendant Young, forever quieting the title to said land, as against said plaintiff.