Spurlin v. Millikin

In the spring of the year eighteen hundred and fifty-four, the defendant, then a pre-emptor on public lands, sold to the plaintiff an improvement on other public lands. The latter furnished for the purchase his two notes, each for the sum of two hundred dollars, payable to bearer.

These notes being in the hands of third persons, were taken up by the plaintiff, who gave others in renewal.

Suit is now brought to recover the amount of the two first notes, on the ground that the sale of the improvements was illegal and null, and that the vendee is consequently entitled to a repetition of the…