Hays v. May's Heirs

Judge Underwood

delivered the opinion of the Court.

A decree directing defendants to' convey to the complainant by a given day, “a tract of land containing acres of good aualit-v,- " *498watered and timbered, and fit for cultivation; lying in the boundaries of Nelson, Jefferson or Fayette counties, in 1785, if in the power of the defendants to do so out of any lands descended to them, and if not, then a jury to be empannelled on the 10th day of the next term of the court, to assess the damages sustained by the complainant, on the non-performance of a certain contract,” &c. and concluding by stating…