Gallaher v. Southwood
Supreme Court of Kansas
I.The bill of exceptions shows that the note was delivered upon the sale of New York Indian lands. 1. No argreement for the sale of such land can be sustained. (U. S. stat, 849, § 11, Dunlap eel.) 2. A contract involving a violation of law is void. 3. The note was given not for improvements, but for a “ claim.” Such a sale is inhibited, even where there is a right of pre-emption. (U. S. stat. 990, § 12.) II.
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I.The bill of exceptions shows that the note was delivered upon the sale of New York Indian lands. 1. No argreement for the sale of such land can be sustained. (U. S. stat, 849, § 11, Dunlap eel.) 2. A contract involving a violation of law is void. 3. The note was given not for improvements, but for a “ claim.” Such a sale is inhibited, even where there is a right of pre-emption. (U. S. stat. 990, § 12.) II. Tbe execution of the conveyance and of the note wore the same transaction, and the agreement being void the note is void. 1. The agreement was void, because it purported to convey the…
1Opinion of the Court
By the^Court,
Ewing, C. J.
This action was brought in March, 1859, in the district court sitting in Bourbon county, *145for the trial of causes arising under the laws of the territory, by defendant in error, against plaintiffs in error, by petition in proper form, on a promissory note executed and delivered by G-allaher and Crawford to one Charles P. Bullock, and by him indorsed to Southwood. The note is dated at Fort Scott, Kansas, August 7th, 1857, is for six hundred dollars, payable six months after date, with ten per cent, interest per annum, and on it are indorsed payments of one hundred and…
2Cited by6 opinions
- State v. BohanSupreme Court of Kansas · 1877
- Crowe v. Corporation of Charles TownWest Virginia Supreme Court · 1907
- Kshinka v. CawkerSupreme Court of Kansas · 1876
- Litsey v. MoffettSupreme Court of Kansas · 1883
- Martin v. Southern Kansas Railway Co.Supreme Court of Kansas · 1893
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