Holden v. Andrews

Sawyer, C. J., delivered the following opinion, in which Sanderson, J., concurred:

Plaintiff, Holden, being in possession of a tract of unsurveyed public land, sold and delivered the possession to Andrews for a sum specified to be paid at a future day. Defendant, Andrews, having failed to make payment according to the terms of the sale, plaintiff brought this action to recover possession of the land, and recovered judgment. The defendant, on the trial, offered to prove that at the time of the purchase the land was unsurveyed public land; that it had since been surveyed; that defendant was a…