Breckenridge v. Hoke

OPINION of the Court, by

Ch. J. Boyle.

-Brecken-ridge bought of Hoke a tract of land, for which he agreed to pay a considerable sum. Hoke conveyed and de-li-veie^ possession, and Breckenridge made sundry par-tial payments, but declined paying the balance until an interference with a part of the tract by an adverse claim was adjusted. Hoke, at his own expence, instituted sllit against the adverse claimants, and obtained a de-cree establishing Iris right, and then demanded pay rnent *273of the residue of the price, with the interest which had accrued. Breckenridge was willing to pay the principal,…