Cummins v. Kennedy

Opinion of the Court.

Charles Cummins and William Kennedy, op the 25th of April 1783, agreed to exchange lands. Cummins bound himself to convey to Kennedy four hundred acres of land in the then district of Kentucky, in the county of idncoln, on the waters of Harrod’s creek; and Kennedy bound himself to convey to Cummins eight hundred acres of land, of equal quality, on the waters of Lickt ing, on the south side of the stream. Cummins obtained, by virtue of his pre-emption warrant, only two hup-*119tired and forty-eight acres and one quarter of land, instead of the four hundred acres contemplated…