McFerran v. Taylor
Supreme Court of the United States
Error to a decree of the District Court of the district of Kentucky, in chancery. McFerran, in his bill, alleged, that on the 19th of March 1784, the defendant, Taylor, for a valuable consideration, executed his bond to the complainant, for the conveyance of 200 acres of land, out of 1000 acres located by him on Hingston, or out of 5000 acres which Taylor then had for location.
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Error to a decree of the District Court of the district of Kentucky, in chancery. McFerran, in his bill, alleged, that on the 19th of March 1784, the defendant, Taylor, for a valuable consideration, executed his bond to the complainant, for the conveyance of 200 acres of land, out of 1000 acres located by him on Hingston, or out of 5000 acres which Taylor then had for location. The condition of the bond was as follows: “that if the said Richard! Taylor, his heirs, &c., shall well and truly make, or cause to be made, to the-said Martin McFerran, his heirs or assigns, a good sufficient title in…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — The bill states the original contracts, and claims a specific performance, by permitting the plaintiff to elect the 500 acres to which he is entitled, out of the tract of 1000 acres, which had been located on Paint Creek; and also contains a prayer for general relief.
On the specific object of the bill, the right to make an election out of the lands on Paint Creek, there can be no difficulty. One thousand acres, part of the original warrant, having been clearly withdrawn, at the time of the contract, from the quantity out of which the 500…
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