Fackler v. Ford
Supreme Court of the United States
This was an appeal from the Supreme Court of the Territory of Kansas. The facts of the case are stated in the opinion of the court.
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This was an appeal from the Supreme Court of the Territory of Kansas. The facts of the case are stated in the opinion of the court. The counsel for the appellant insisted that the agreement of November 23, 1856, was in violation of the fourth and fifth sections of the act of 31st March, 1830. 4 Stat. at L., 392. "We insist ■ that the contract on which this bill is filed is in conflict with the provisions of both these sections, and tends immediately to defeat or obstruct, the purpose of Congress. That purpose, in both sections, is to secure free and open contests at the sales of the public…
1Opinion of the CourtJustice Grier
Ford and others are complainants in a bill for specific performance of a contract made by them with Fackler & Mills.
The bill charges that on and before the 22d of November, 1856, Fackler claimed, as actuaUsettler thereon, a fractional-section of land containing sixty acres, and Mills the east half of a quarter section, containing eighty acres, in Leavenworth county, Kansas Territory, being parts of the land purchased by the Government of the United States of the Delaware Indians.
These lands had been appraised at eight dollars an acre, and advertised for sale pursuant to. law. That prior to…
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