Peebles v. Stephens

OPINION of the Court, by

Ch. J. Eoyi.e. —

Calk ggjj t0 Poage 290 acres of land, for which he gave his bonds, conditioned to convey, with a covenant to relund, át the rate of two dollars per acre, if the whole or any Parc i'16 hind should be lost. Stephens having purchased from Poage and taken an assignment of Calk’s, bonds without recourse to Poage, cold to Peebles and assigne(l t0 him the. bonds upon Calk, for which Pee-bles agreed to give 1000/. ; 400/. of which he paid, and executed his obligation for the payment of the balance in one and two years. Upon these obligations Stephens brought…