Documentary Journal of Indiana 1845

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There is one other serious difficulty that very much embarrasses the transactions in the land business. That by a former act of the Legislature, the settlers on the lands of the State were permitted to prove up before the Superintendent or other person having charge of the Land-Office, the value of their improvements, and have the same registered in the Land-Office, and obtain a certificate therefor, which in case any other individual became the purchaser at public sale, he or they so purchasin
...g became subject to pay or deposit in the Land- office the value of the improvement, before they could obtain a cer- tificate ; and if this deposit of the purchase was made at the sale, the amount was deposited in current funds ; and in case the pur- chase was not made before six months after the day of public sale expired, the purchaser should be at liberty to pay the amunot or va- lue of the improvement in canal scrip. In one case where canal scrip was deposited for an improvement, the occupant refused to leave the premises, and an action of ejectment was brought by the purchaser (as is understood) in the Clinton circuit court, and the 139 court pronounced the law unconstitutional.

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