Stephen Johnson Field

“ A principle of common justice forbids that one shall be permitted to lead another to act upon a contract of purchase with him, and incur expenses by reason of it, and then, upon some pretext of a defect in a matter of form, refuse compliance with its provisions, and thus deprive the purchaser of the benefit of his labor and expenditures. ”

“ The obligation of the Kansas Pacific Railway passed with the property to the defendant, the Union Pacific Railway Company, upon the consolidation of the two companies under the latter name. Whenever property charged with a trust is conveyed to a third party with notice, he will hold it subjuct to that trust, which he may be compelled to perform equally with the former owner. ”

“ We shall briefly state the facts which seem to us to be sufficiently established. It appears that the town of Wyandotte, in Kansas, is situated at the junction of the Kansas and Missouri rivers, and that on the 16th of September, 1861, the title to a small tract of land bordering on the north side of the Kansas river, within the town, being four acres in extent, and known as the 'Ferry Tract,' was vested in one Isaiah Walker under a patent of the United States. ”