Travis v. Waters
Court for the Trial of Impeachments and Correction of Errors
' THIS was- an appeal from an order of the court of chancery, The bill in the -co.urt below,' was filed in 1802, in the name of _ * ' v . r Ezekiel Travis, lor a specific periormance ot an agreement tor the sale, of land,-and for ,an account agriinsi Thomas Waters, the.
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' THIS was- an appeal from an order of the court of chancery, The bill in the -co.urt below,' was filed in 1802, in the name of _ * ' v . r Ezekiel Travis, lor a specific periormance ot an agreement tor the sale, of land,-and for ,an account agriinsi Thomas Waters, the. The bill stated a verbal agreement, and that the defendant took-possession pf the land, under-it,..and made .seve-» Tal payments.; that .the respondent had., since .commenced an action of ejectment -to recover thp possession of the premises, abd had obtained á verdict at law. . The cause having been put at-.issue,..and:.the…
1Opinion of the CourtPlatt, J.
The qiiéstion tin this appeal respects,' 1st.. The hosts which accrued prior to the ‘ death of Ezekiel Travis ¡¡ and, 2dly. The costs which have’ arisen since the appellants became parties upon the bill of revivor. ' . ' . ■
In examining ttiti claim for costs which arose prior., let thb abatement of .‘the . .suit, this oon'sideratioh: -is presented ; to.-wit, ■that the duty of conveying the land, which was established by the decree tif fhe 27'th'of Oc<o6’e^T:808;: (ándafter.wards affirmed: in this court,) became separated from the obligation to pay bests, (if any .such:obligation existed,);…
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