Copley v. Conine

The judgment of the court was pronounced by

Rost, J.

Copley purchased an improvement on the public lands, which he sold to Conine for three bales of cotton, without ever having taken actual possession of it. Conine went upon the land, but soon after ceased to occupy the improvement purchased from Copley, and made on the same quarter section another settlement, which he occupied till he sold it to Templeton. Conine having failed to deliver the three bales of cotton, Copley instituted an action for the recision of the contract, in which a judgment was rendered in bis favor^ A writ of possession…